Search Results

1. [2023] NZEnvC 072 Whangarei District Council v Robinson [pdf, 248 KB]

   ...that costs should not be used under section 285(1) of the RMA as either a penalty or as a route for pursuing a claim for any loss. If a cautious approach needs to be taken to the determination of a jurisdictional question which engages natural justice issues, then allowing time for that to occur (including the exercise of any right of appeal) ought not to result in an increased risk or an increased quantum of costs. The Environment Court has no jurisdiction to assess or award damag...

2. [2023] NZEnvC 024 Friends of Conical Hill v Hurunui District Council [pdf, 180 KB]

   FRIENDS OF CONICAL HILL v HDC – CONFIDENTIALITY ORDERS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 24 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge J E Borthwick Heari...

3. [2024] NZEmpC 47 Haven Falls Funeral Home Ltd v Tepania [pdf, 188 KB]

   ...the compensation award were to be paid to the defendant, then it would take a significant period of time to repay this from her wages. There is no evidence in support of this assertion. [11] Mr Duckworth submits that it is in the interests of justice for a stay to be granted and that the balance of convenience favours the plaintiff. Finally, he argues that because the defendant is working, she would suffer no hardship if the amounts were not paid to her. [12] Mr Kersjes, advocat...

4. [2023] NZEmpC 169 BDX v PZY [pdf, 195 KB]

   ...determination of the Authority does not function as a stay of execution of the determination.6 The Court has the power to order a stay but must first be satisfied that to do so would be in line with the overarching consideration of the interests of justice.7 [7] A number of well-established factors are to be considered such as:8 (a) whether the challenge will be rendered ineffectual if the stay is not granted; (b) whether the challenge is brought and pursued in good faith;...

5. [2025] NZEmpC 193 Black Lion Holdings Ltd v Peterson [pdf, 178 KB]

   ...entitled to the fruits of their success unless good grounds have been established otherwise, in which case the Court may order a stay.3 In considering an application for a stay, the Court must be satisfied that to do so would be in the interests of justice.4 There are well- established factors that the Court will consider, including:5 (a) whether the challenge will be rendered ineffectual if the stay is not granted; (b) whether the challenge is brought and pursued in good faith;...

6. Auckland Standards Committee v Smith [2015] NZLCDT 40 [pdf, 31 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2015] NZLCDT 40 LCDT 008/15 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 4 Applicant AND CAROLE SMITH Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms F Freeman Ms C Rowe Ms S Sage Mr I Williams HELD at District Court, Auckland DATE OF HEARING 12 November 2015 DATE OF DECISION 19 November 2015...

7. KQ v LJ [2025] NZDT 93 (11 May 2025) [pdf, 182 KB]

   ...claims $8,452.00 saying the pony’s characteristics were clearly misrepresented to him. He has said he wishes to return [pony], and the sum claimed therefore includes the purchase price; the initial freight; and estimated return freight. 3. This matter was scheduled to be heard before me by teleconference on Wednesday 30 April at 2pm. LJ was called at the start of the hearing. After some brief discussion there was some background noise and I asked if it was possible for LJ to move...

8. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ROONEY EARTHMOVING LTD V MCTAGUE AND ORS CHCH CC 10/09 24 August 2009 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 10/09 CRC 21/07 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROONEY EARTHMOVING LIMITED Plaintiff AND KELVIN DOUGLAS MCTAGUE First Defendant AND CLARENCE HENRY WHITING Second Defendant AND KERRY WAYNE BARTLETT Third Defendant Hearing: 17-21 and 24-28 November, 10 and 15 December 2008 23 and 2

9. 2019 Directory of Official Information G-I [pdf, 916 KB]

   ...machine operations • hearing complaints about the way the Department has handled complaints in relation to Class 4 gambling • advising Ministers on the setting of the problem gambling levy • advising the Minister of Internal Affairs on matters relating to the performance of the Commission’s functions and the administration of the Gambling Act 2003. In exercising these functions, the Commission has wide powers to determine its own procedure, to engage experts and to rec...

10. King v Attorney-General (Application to Remove Proceedings to High Court) [2017] NZHRRT 10 [pdf, 215 KB]

    ...otherwise); or (c) the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or (d) the High Court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or (e) the Tribunal is of the opinion that, in all the circumstances, the High Court shoul...