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1. [2021] NZEmpC 13 Edwards v Recreational Services Ltd [pdf, 206 KB]

   ...because he did not have that kind of money. He is in receipt of an unemployment benefit and could make weekly payments to satisfy an adverse future costs order, but not a lump sum. He also observed that Recreational Services is a large and well-resourced company with branches throughout New Zealand. He maintained that his claim is meritorious, and that any order for security for costs would become an impediment to him accessing justice because of his present financial position....

2. [2020] NZEnvC 209 Beresford v Queenstown Lakes District Council [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 209 of the Resource Management Act 1991 of an appeal pursuant to clause 14 of Schedule 1 of the Act MICHAEL BERESFORD (ENV-2018-CHC-69) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 14 December 2020 Date of Issue...

3. [2020] NZEnvC 161 Bunnings Limited v Auckland Transport.pdf [pdf, 213 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU Decision No. [2020] NZEnvC I 6 / Court: . Submissions: IN THE MATTER AND BETWEEN AND AND of the Resource Management Act 1991 (the Act) of an application under s 311 and s 292 of the Act BUNNINGS LIMITED (ENV-2019-AKL-000171) Applicant AUCKLAND TRANSPORT First Respondent AUCKLAND COUNCIL Second Respondent Alternate Environment Judge LJ Newhook sitting alone under...

4. Media Information Guide COVID-19 [pdf, 204 KB]

   ...links – Courts of New Zealand website Supreme Court Decisions and Judgments of Public Interest Court protocol documents COVID-19 media page Transcript [PDF 174 KB] media briefing with the Chief Justice and Heads of Bench, 3 April 2020. Media resource sheets Useful links: Ministry of Justice website Why remote participation is important for all parties [PDF 200 KB] Jabber guest quick reference guide [PDF 324 KB] Remote participation for external parties [PDF 253 KB] COVID-19 i...

5. 17 July 2020 - Sidwell v Thames-Coromandel District Council [pdf, 285 KB]

   ...half-day or part half-day after that; or • For all other applications, the first half-day is free. After the first half-day there will be a $350 fee for each half-day or part half-day after that. 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 Co...

6. Affidavit of S Rotmann in support of Guardians of the Bay and Hue te Haka to Strike Out (16 November 18) [pdf, 505 KB]

   ENV -2016-WLG-000058 IN THE ENVIRONMENT COURT WELLINGTON REGISTRY UNDER IN THE MATTER OF BETWEEN AND section 274 of the Resource Management Act 1991 ("Act") a Notice of Motion under section 87G requesting the granting of resource consents to WELLINGTON INTERNATIONAL AIRPORT LIMITED for the Wellington International Airport Extension of Runway: Construction, Operation and Maintenance GUARD~NSOFTHEBAYSandHUET~TAKA Applicants for strike out / section 274 parties...

7. [2022] NZACC 35 – Stryder v ACC (10 March 2022) [pdf, 211 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. [11] In Kacem,5 Tipping J stated in the Supreme Court: [32] … a general appeal is to be...

8. [2023] NZEnvC 031 Friends of Nelson Haven v Marlborough District Council [pdf, 178 KB]

   FONH v MARLBOROUGH DISTRICT COUNCIL – CONFIDENTIALITY ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 31 IN THE MATTER of the Resource Management Act 1991 AND an appeal pursuant to clause 14 of the First Schedule of the Act BETWEEN FRIENDS OF NELSON HAVEN AND TASMAN BAY INCORPORATED (ENV-2020-CHC-33) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hear...

9. DN v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 145 [pdf, 185 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [18] In Cullen,3 the Court of Appeal stated the following principles applying to the...

10. Edwards - Aramiro and Section 1 Survey Office Plan 61863 (2023) 254 Waikato Maniapoto MB 86 (254 WMN 86) [pdf, 522 KB]

    ...tikanga and kawa of Aramiro Paa; however, legally it sits on the trust land. [4] The applicants propose to transfer the land encroached on to Aramiro Paa, as well as some additional land needed by Aramiro Paa to upgrade their septic system. A resource consent has been granted for the septic upgrade, subject to the encroachment issue being resolved. [5] The land to be transferred totals approximately 3,200m2, being 1,175m2 encroached on and a further 2,025m2 for the septic works....