Search Results

1. [2021] NZEmpC 86 Humphreys v Humphreys [pdf, 171 KB]

   ...going ahead with the hearing as scheduled, as the outcome of the Fleming appeal will be determinative of these proceedings in any event; - For a hearing to proceed in the meantime would amount to an inappropriate use of the Court and parties’ resources and be contrary to the interests of justice. [2] The application for an adjournment was staunchly opposed by the plaintiff and the first defendant. [3] Given the proximity to the hearing an urgent telephone hearing was convened t...

2. [2022] NZEmpC 108 Saipe v Bethell [pdf, 170 KB]

   ...acknowledge Mr Saipe’s financial circumstances, but also note that this was his application for a recall to which Ms Bethell had to respond, and that there were individuals on both sides; it was not a case where one party had significantly more resources than the other. [12] In all the circumstances, I award Ms Bethell $7,500 for costs, inclusive of disbursements. This sum reflects a reduction in Ms Bethell’s calculation of scale costs and a further small reduction to recog...

3. [2023] NZEnvC 008 Oceans Resort Body Corporate 349622 v Northland Regional Council [pdf, 156 KB]

   ...Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 008 IN THE MATTER of an appeal against abatement notice and application for stay under section 325 of the Resource Management Act 1991 BETWEEN OCEANS RESORT BODY CORPORATE 349622 (ENV-2022-AKL-246) Appellant AND NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith Hearing: via MS Teams Last case event: 25 January 2...

4. [2022] NZEnvC 211 Auckland Council v Teddy and Friends Limited [pdf, 190 KB]

   AUCKLAND COUNCIL v TEDDY AND FRIENDS LIMITED IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 211 IN THE MATTER OF an appeal under s 316 of the Resource Management Act 1991 BETWEEN AUCKLAND COUNCIL (ENV-2021-AKL-159) Appellant AND TEDDY AND FRIENDS LIMITED ANGELA MAREE BEER Respondents Court: Judge J A Smith Hearing: 17 October 2022 via Microsoft Teams Appearances: K Fraser and J Magrath for A...

5. Family Court (Family Court Associates) Legislation Bill [pdf, 195 KB]

   ...of Children Act reflects that a litigant’s right of access to the Courts is not absolute. Set against that right is “the desirability of freeing defendants from the very considerable burden of groundless litigation” and the need to protect resources of the judicial system.9 12. We consider authorising a Family Court Associate to make an order under s 141 is consistent with the Bill of Rights Act. Conclusion 13. We conclude that the Bill appears to be consistent with the Bill o...

6. 2021-07-23 Minute - PC7 - Community Water Supplies [pdf, 400 KB]

   PC7 – MINUTE COMMUNITY WATER SUPPLIES IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant _____________________________________________...

7. MOJ0607_Stopping-a-child-being-taken-overseas_MAR23-WEB.pdf [pdf, 414 KB]

   ...the child • a spouse or partner of the child’s parent • whānau (family and friends) of the child • carers, or people who have day-to-day contact with the child under a ‘Parenting Order’ • about to apply for a ‘Parenting Order’. Resources and services to help you You can get legal advice at any time It may be helpful to talk to a lawyer to understand your rights if you’re worried about a child being taken overseas. If you’re not sure where to start, visit your lo...

8. [2023] NZEnvC 130 McCallum Bros Limited v Auckland Council [pdf, 151 KB]

   McCallum Bros v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 130 IN THE MATTER OF appeals under section 120 of the Resource Management Act 1991, regarding the Midshore Application BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-219) MANUHIRI KAITIAKI CHARITABLE TRUST (ENV-2022-AKL-218) FRIENDS OF PAKIRI BEACH INCORPORATED (ENV-2022-AKL-232) DIRECTOR-GENERAL...

9. [2024] NZEnvC 071 The New Zealand King Salmon Co. Limited v Marlborough District Council [pdf, 453 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2024] NZEnvC71 of the Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act THE NEW ZEALAND KJNG SALMON CO. LIMITED (ENV-2020-CH C-51) Appellant MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order:...

10. [2024] NZEmpC 145 MAH Enterprises (Fiji) Limited & Anor v A Labour Inspector [pdf, 179 KB]

    ...Authority (which was obliged to proceed with its investigation in their absence).6 [14] I accept that the delays have been prejudicial in terms of time and expense, and the diversion of valuable (and limited) Labour Inspectorate (publicly funded) resources. Moreover, the ongoing delays are prejudicing the 14 employees at the centre of the proceedings who were to be paid a portion of the penalties awarded by the Authority7 and who are facing ongoing uncertainty as to their position....