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1. [2024] NZEmpC 47 Haven Falls Funeral Home Ltd v Tepania [pdf, 188 KB]

   ...helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]. [23] The Court of Appeal observed in Bathurst Resources Ltd v L&M Coal Holdings Ltd that orders for stay should be approached with restraint, being the least necessary to preserve the losing party’s position against the prospect of an appeal succeeding.7 The challenging party needs...

2. UN v CD Ltd & CD [2023] NZDT 663 (16 October 2023) [pdf, 112 KB]

   ...property at [address] for a subdivision. On 17 April 2019, CD Ltd invoiced UN $11,715.63 for the survey fees including $2,070.00 for the stormwater design. Mr I was engaged as the drainlayer to complete the public stormwater work as required under the resource consent plan. On 29 October 2019, Mr I invoiced UN $24,253.50 for the drainlayer work and a deposit of $8,000.00 was paid. The work was completed and signed off by [council] in 2021. However, UN stated that Mr I told him that t...

3. Greer v Police (Strike-Out Application) [2022] NZHRRT 51 [pdf, 143 KB]

   ...proceedings for both the Tribunal and the parties (see Muir v Zhou (Strike-Out) [2022] NZHRRT 49 at [26]). In Gwizo the High Court also noted that it is relevant to consider the effect of a plaintiff’s non-compliance on the Tribunal, given the limited resources of the Tribunal. [25] If this claim was to remain before the Tribunal, the Tribunal would be required to follow up with Mr Greer periodically to remind him to file evidence, this takes the Tribunal’s limited resources away fr...

4. EQ v ND Ltd & DQ [2023] NZDT 9 (5 April 2023) [pdf, 98 KB]

   ...claim in their absence. Background [7] The applicant seeks a refund of a deposit paid to ND Ltd on 12 January 2022, $8,770. [8] The parities entered into two contracts, both evidenced in writing. In the first the respondent agreed to provide resource consent plans for building work at [Address]. The contract price is $9,500 and ND Ltd undertook to complete these plans within 20 days of the receipt of a 50% deposit. [9] The second contract contained the same terms but ND Ltd agree...

5. [2023] NZSSAA 1 (1 March 2023) [pdf, 123 KB]

   ...day instead of 1 watt for 24 hours results in an annual cost of $6.57 per annum. XXXX is entitled to recovery of that amount as the annual cost of charging his hearing aids. Observations [24] We observe that it is not an effective use of resources for the Ministry or this Authority to undertake analysis of this kind. A table that makes sensible allowances for the cost of power consumption for devices required by persons with a disability seems to be necessary if the Ministry i...

6. 2024-07-18-Notice-of-Hearing-Buckham-v-QLDC.pdf [pdf, 247 KB]

   ...that; or • For all other applications, the first half-day is free. After the first half-day there will be a $385 fee for each half-day or part half-day after that. EC4180_NoticeOfHearing The fees must be pre-paid in accordance with the Resource Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court...

7. [2024] NZEnvC 175 Zant v Central Hawke's Bay District Council [pdf, 245 KB]

   Zant v Hawke’s Bay Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 175 IN THE MATTER OF an appeal under Clause 14 of the First Schedule to the Resource Management Act 1991 BETWEEN C & T ZANT (ENV-2023-AKL-120) Appellants AND CENTRAL HAWKE’S BAY DISTRICT COUNCIL Respondent Court: Environment Judge MJL Dickey Hearing: On the papers Last case event: 26 June 2024 Date of...

8. [2023] NZEnvC 201 Wason and Hall v Two Kooner Properties Ltd [pdf, 179 KB]

   Wason & Hall v Two Kooner Properties Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2023] NZEnvC 201 IN THE MATTER OF an application under s 314 of the Resource Management Act 1991 and s 16 of the Contempt of Court Act 2019 BETWEEN AMBER WASON AND GARETH HALL (ENV-2022-AKL-244) Applicants AND TWO KOONER PROPERTIES LIMITED First Respondent Court: Environment Judge S M Tepania Last case event: 15 Septembe...

9. [2023] NZEnvC 175 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 223 KB]

   Waikato Regional Council v Rawhiti Environmental Park Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 175 IN THE MATTER OF an application pursuant to s 320 of the Resource Management Act 1991 BETWEEN WAIKATO REGIONAL COUNCIL (ENV-2023-AKL-000139) Applicant AND RAWHITI ENVIRONMENTAL PARK LIMITED Respondent Court: Environment Judge MJL Dickey Hearing: On the papers Last case event: 14 Aug...

10. [2024] NZEnvC 046 Braeburn Property Limited v Christchurch City Council [pdf, 138 KB]

    BRAEBURN PROPERTY LIMITED & ORS v CHRISTCHURCH CITY COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 46 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s325 of the Act BETWEEN BRAEBURN PROPERTY LIMITED AND SPECIALISED CONTAINER SERVICES (CHRISTCHURCH) LIMITED (ENV-2024-CHC-13) Appellants AND CHRISTCHURCH CITY COUNCIL Respondent Court: Environment Judge K G Reid Hearing: In...