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1. [2018] NZEnvC 120 Jayashree Limited v Auckland Council [pdf, 207 KB]

   ...than one kitchen. Furthermore, the agreement shown in evidence of the 16 signatures, is on its face, for one property at 34 White Swan Road, Mount Roskill. [19] The facts before us in evidence are very similar to those set out at some length by Justice van Boheman in relation to another of Mr Karmarkar's properties at Hayr Road. [20] We note from paragraph [16] of the first High Court decision5 that the central issue before the Tenancy Tribunal, the District Court and the High...

2. [2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd [pdf, 306 KB]

   ...insufficient weight in that factor alone to depart from the general principle that costs follow the event. [19] The next submission was that applying the Guideline Scale should not be undertaken in a way that would create issues such as access to justice.8 The employees to whom this collective agreement relates, and who are represented by the plaintiff, are not well paid. The submission was that it would be inappropriate to visit on them what were referred to as “crippling cost aw...

3. [2021] NZEmpC 1 QDA v EKD [pdf, 221 KB]

   QDA v EKD [2021] NZEmpC 1 [21 January 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 1 EMPC 352/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for stay of execution AND IN THE MATTER of an application for urgency BETWEEN QDA Plaintiff AND EKD Defendant Hea...

4. [2020] NZEmpC 146 Shaw v Bay of Plenty District Health Board [pdf, 209 KB]

   ...PLENTY DISTRICT HEALTH BOARD [2020] NZEmpC 146 [17 September 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 146 EMPC 4/2019 EMPC 360/2019 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER of an application to set aside witness summons AND IN THE MATTER of an application for evidence to be given by audio-visu...

5. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

   ...this case, it is not in issue that costs are payable by the plaintiff. In her submissions, Ms Kenworthy accepted that proposition. [17] What is in issue is the amount which should, in fairness, be paid. [18] In my assessment, there are several matters which have to be taken into account. [19] The first is that the assessment of costs put forward for Ms Freeborn has resulted in an assessment under the correct categorisation, 2B. [20] The daily recovery rate used for scale pu...

6. [2024] NZEmpC 135 Chantama v McKerchar Lamb Limited and other(s) [pdf, 198 KB]

   ATTAPORN CHANTAMA v MCKERCHAR LAMB LIMITED [2024] NZEmpC 135 [29 July 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 135 EMPC 234/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN ATTAPORN CHANTAMA Plaintiff AND MCKERCHAR LAMB LIMITED First Defendant A...

7. Environment Judges

   ...2020, having headed the New Zealand Environment Court from August 2011 and been a Judge of the Court from 2001.  Prior to that he was counsel and had over thirty years of advocacy experience to that point, with particular emphasis on environmental matters, land, property, and maritime laws.  He graduated LIB (Hons) from Auckland University in 1972. Judge Newhook has presented at many national and international conferences on the themes of environmental adjudication and the use of tech...

   Located in:

   1. Environment Court >
   2. About the Environment Court

8. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...test in s95E, which is whether the consent authority decides that the activity's adverse effects on the person are minor or more than minor (but are not less than minor). That decision in turn requires consideration of s950 which sets out the matters that are to or may be disregarded by a consent authority when deciding whether an activity will have or is likely to have adverse effects on the environment that are more than minor, being that the consent authority: (a) must dis...

9. WHT - glossary [pdf, 685 KB]

   ...Channel or pipe to convey water. (b) Tubing used as a protective casing for electrical cables or wires. Consent notice: A notice issued under the Resource Management Act 1991 and recorded on the certificate of title in respect of the ongoing matters affecting the property. For example, geotechnical or footpath matters. Construct: To assemble and combine construction materials and methods to make a structure. Contingency sum: A sum of money included in the contract documents to...

10. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

    ...benefit on behalf of a client. In doing so Mr AD acted with an improper purpose. [42] However, the Committee did not rely solely on r 2.7, noting that Mr AD had a responsibility to uphold the rule of law and to facilitate the administration of justice. This obligation is captured by r 2 of the Rules, which directs that a lawyer is “obliged to uphold the rule of law and to facilitate the administration of justice”. [43] This rule, in its description of the more wide-ranging ob...