Search Results

1. [2021] NZEnvC 016 Clutha District Council v Otago Regional Council [pdf, 119 KB]

   CLUTHA DC v ORC – STAY COSTS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 16 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN CLUTHA DISTRICT COUNCIL (ENV-2019-CHC-132) Appellant AND OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Sitting alone pursuant to s279(1) of the Act Hearing: In Chambers at Christchurch Last case eve...

2. [2020] NZEmpC 229 Lorigan v Infinity Automotive Ltd [pdf, 223 KB]

   ...termination of Mr Lorigan’s employment, he breached the confidentiality obligations of his individual employment agreement; it claims an injunction, a compliance order and a range of financial orders, including penalties. Summary of interlocutory matters [8] In 2017 and 2018, I considered a range of interlocutory issues. I ruled in favour of Mr Lorigan on some of these and in favour of Infinity on others. [9] In 2018 a fixture was established for the hearing of the question as...

3. [2020] NZEnvC 148 Donaldson v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...concerned the appropriateness of a restriction on subdivision and development and the use of land in the Lake Hayes Catchment, due to Lake Hayes water quality consideration.12 The mediations for Topic 30 have now taken place. [16] In view of those matters, I accept the submissions for BHT, THL and HGFL and others that they would suffer undue prejudice were the waiver application granted. That is particularly insofar as the Society signals that it seeks to oppose the appellants'...

4. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

   DAS TRANSPORT LTD V KIRKWOOD WN 30 April 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 48 WRC 3/10 IN THE MATTER OF an application for leave to challenge out of time BETWEEN DAS TRANSPORT LIMITED Intending Plaintiff AND HAYDEN KIRKWOOD Intended Defendant Hearing: 30 April 2010 (by telephone conference call) (Heard at Wellington) Appearances: John Gwilliam, Counsel for Intending Plaintiff Leo Watson, Counsel for Intended Defendant Judgment:...

5. [2018] NZEmpC 1 FGH v RST [pdf, 214 KB]

   ...are identified in the determination can be revisited with the outcome being informed by the Court’s decision. [5] The plaintiff brought a challenge to the substantive determination on 14 September 2017. I shall say a little more about the matters which are the subject of the challenge shortly. [6] On 15 September 2017, I convened a telephone directions conference for the purposes of an urgent application for an interim non-publication order, that application having been fil...

6. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...Wickliffe KW. Lardelli, Clerk of the Court 12 May 2003 Application No: A20020002622 Subject: Sections: Counsel: Waitangi A1A2 & Other Blocks 238/93 Mr Bunbury DECISION Application and Issues Minute Book: 65 RUA 168 This matter concerns an application filed by Mr Manana Kaua Terangi Reedy under section 239/93 for the replacement of Trustees. That application was filed in April 2002. After considering the grounds for bringing the application, I directed that the a...

7. Guidelines - How to make an appeal [pdf, 318 KB]

   ...listed in clause [6] of these Practice Guidelines. [2] WHO CAN MAKE AN APPEAL? 2.1. A person has the right to appeal any decision made in relation to them by MSD which has been upheld (or partially upheld) by a BRC. 2.2. The full range of matters that can be appealed are listed in sections 397-399 of the Act; and for social housing matters in section 132 of the Housing Restructuring and Tenancy Matters Act 1992. [3] PARTIES TO AN APPEAL 3.1. The parties to the appeal are:4...

8. Rudd - Horowhenua 11 Part Reservation Trust and Horowhenua 11 Lake (2018) 390 Aotea 31 (390 AOT 31) [pdf, 181 KB]

   390 Aotea MB 31 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20180004854 A20180004434 UNDER Sections 19, 43, 67, 237 and 238, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) BETWEEN CHARLES RUDD AND PHILIP TAUKEI Applicants Hearing: 388 Aotea MB 128-135 dated 19 July 2018 388 Aotea MB 136-144 dated 19 July 2018 Appearances: L...

9. Youth Court FAQs for Professionals at Alert Level 2 [pdf, 171 KB]

   ...and pepeha may be incorporated into these hearings on request from the Youth Advocate or Lay Advocate. Q: How are cases being triaged during Level 2? Youth Court Judges continue to review and prioritise cases to ensure that any outstanding matters requiring attention are addressed as quickly as possible. This review is being conducted using information on the file, and matters affecting the liberty of young people or regarding young people in custody, continue to be hea...

10. Trustees of Tuhoe v Nikora - Te Uru Taumatua (2021) 260 Waiariki MB 103 (260 WAR 103) [pdf, 236 KB]

    ...on third parties; (e) The novelty and importance of the question involved; (f) The public interest in the proceeding; and (g) The overall balance of convenience. [7] These factors are not comprehensive and merely illustrate the wide range of matters which, in any given case, may need to be addressed to balance the overall interests of justice. Ngā kōrero a te kaitono Applicant submissions [8] The order granted on 21 April 2021 was for fresh elections to be held regarding the...