Search Results

1. [2023] NZEnvC 267 Woolley v Marlborough District Council [pdf, 220 KB]

   ...Council’s submissions were critical of the fact that the attendances itemised in the invoices attached to the application are attributable to the actions of s274 parties and not the Council. While that is potentially a valid complaint to raise in response to the application, two of the parties withdrew from proceedings at an early stage. Moreover, as counsel’s submissions acknowledge, the Council’s stance on the appeal was influenced by the position of TEL on the appeal. [27...

2. [2023] NZEmpC 113 Snowling v Scott Technology Ltd [pdf, 195 KB]

   ...salary payment. That limited financial disclosure showed very modest bank account balances and a credit card debt. 10 At [3]. 11 At [32]. [18] Mr Snowling has since disclosed his employment and income in an affidavit filed in response to Scott Technology’s recent application for security for costs. Defendant’s submissions [19] Mr Cowan submitted that the grounds for a stay were not established. That was because: (a) Mr Snowling would still be able to pur...

3. N Trust v NE [2023] NZDT 210 (24 May 2023) [pdf, 212 KB]

   ...question had, I consider, the opposite effect of that which is argued by NE. My interpretation is that the deletion clearly indicates that NE was signing for himself, and not on behalf of any other disclosed person or entity. Thus, I consider that NE is responsible as a guarantor for the obligations of T Ltd. The sum claimed [11] NE argued that the applicants’ evidence as to the sum owed to the applicants by T Ltd was inadequate. He said that there may have been other payments made...

4. ND Ltd v TS Ltd [2023] NZDT 101 (3 April 2023). [pdf, 191 KB]

   ...unaware that the hearing was going ahead. 6. All parties attended the second hearing. TS Ltd said they had not received the claim documents, other than a notice of the second hearing. They also said they needed extra time to file documents in response, which they said would demonstrate that they were entitled to retain the bond under the terms of the hire contract. 7. At the third hearing ND Ltd and BG Ltd attended the hearing. I rang the number provided for TS Ltd three times,...

5. [2024] NZEnvC 030 South Taranaki District Council v Edgcombe [pdf, 2.1 MB]

   ...Court. B: Costs are reserved. A timetable for costs to be determined is as follows: (a) South Taranaki District Council is to file any application for costs and any supporting submissions by 29 March 2024; (b) Mr Edgcombe is to provide a response to the Court/ file any opposition by 5 April 2024. REASONS Introduction [1] This matter involves an application for enforcement orders by South Taranaki District Council against Mr Edgcombe who owns adjoining properties at 317 a...

6. Tane v ACC (Late filing of an appeal to the District Court) [2024] NZACC 72 [pdf, 158 KB]

   ...decision had been filed, however, the advocate had become very ill in mid-2022 and subsequently died in mid-2023, without filing the appeal. [14] This Court is satisfied that Ms Tane’s delay arose out of error or inadvertence for which she was not responsible. (c) The conduct of the parties [15] The Supreme Court observed that a history of non-cooperation and/or delay by an applicant might be relevant. [16] This Court is not aware of any history of non-cooperation and/or...

7. MacGregor v ACC (Late filing of an appeal to the District Court) [2024] NZACC 73 [pdf, 158 KB]

   ...had been filed, however, the advocate had become very ill in mid-2022 and subsequently died in mid-2023, without filing the appeal. [14] This Court is satisfied that Mr MacGregor’s delay arose out of error or inadvertence for which he was not responsible. (c) The conduct of the parties [15] The Supreme Court observed that a history of non-cooperation and/or delay by an applicant might be relevant. [16] This Court is not aware of any history of non-cooperation and/or dela...

8. 2024 NZPSPLA 048 pdf [pdf, 103 KB]

   ...pushy. I find it more likely than not that the other guard was more forceful that Mr NI. [12] I do not find it inappropriate that Mr NI messaged the complainant as she had given him her phone number. He did not follow up when he did not receive a response. Overall, his actions were inappropriate and unprofessional. Accordingly, the incident has been established, to an extent, in evidence. Therefore, what disciplinary action should be taken? [13] The Private Security Personnel...

9. Ataera v ACC (Late filing of an appeal to the District Court) [2024] NZACC 63 (10 April 2024) [pdf, 151 KB]

   ...noted that he first learnt that an appeal had not been lodged only on 7 March 2024, and the appeal was then lodged as soon as possible. [14] This Court is satisfied that Mr Ataera’s delay arose from error or inadvertence, for which he was not responsible. (c) The conduct of the parties [15] The Supreme Court observed that a history of non-cooperation and/or delay by an applicant might be relevant. [16] This Court is not aware of any history of non-cooperation and/or delay...

10. [2024] NZEnvC 117 Te Runanga o Kaikoura v Marlborough District Council [pdf, 357 KB]

    ...of any other settlement assets as identified in a regional agreement. The nature of the settlement is for Crown and the Trustee to determine through a regional agreement. In order to preserve space for delivering the Crown obligations, the Minister responsible for the Settlement Act is able to declare space in the coastal marine area to be an ASA. In order to fulfil a settlement obligation, the Minister must take into account the suitability of the space for aquaculture activities. This as...