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1. [2018] NZEmpC 78 Chen v Southern District Health Board [pdf, 230 KB]

   ...Health Board [2018] NZERA Christchurch 54. [4] Pursuant to s 183(2) of the Employment Relations Act 2000 (the Act), and by consent, the determinations of the Authority are set aside. [5] The parties agreed at the JSC that the following statement should now be recorded in this consent judgment: The genesis of the issues [before the Court] came from a Record of Settlement between the parties dated 22 April 2013. Dr Chen was subsequently disparaged by a nurse employed by th...

2. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...Decision: 16 February 2022 Date of Issue: 16 February 2022 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The appeal against consent is refused. B: The applicant is to prepare the final wording of the consent and conditions in accordance with this decision and circulate those to the parties within 2 20 working days. C: If the wording cannot be agree...

3. Canterbury Standards Committee v Sisson [2011] NZLCDT 16 [pdf, 186 KB]

   ...that she had told Ms H after a failed Settlement Conference in June 2007 that she would not be continuing with the litigation with Ms H on legal aid and that she would be charging her privately for the work which she was doing. If Ms Sisson’s statement to the Standards Committee was correct then in breach of Rule 8.01 of the then Rules of Professional Conduct for Barristers and Solicitors, Ms Sisson misled the High Court in submitting to the High Court in December 2007 in suppo...

4. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...______________________________________________________________ INTERIM DECISION OF THE ENVIRONMENT COURT ______________________________________________________________ A: On the matters addressed in this decision, nothing in the RMA precludes capacity to consent the Proposal. B: Directions are made concerning remaining matters as to biosecurity. C: Costs are reserved, and a timetable will be set in due course if required. TABLE OF CONTENTS Introduction ..........................

5. LCRO 37/2018 AH v OO (12 November 2019) [pdf, 166 KB]

   ...subdivision, as being in excess of $105,634.18. [22] Issues arose between Mrs AH and AI over the costs of the subdivision which at the time of the complaint had not been resolved. [23] In concluding her complaint, Ms MH makes the final general statement: We would like to point out that this complaint is not about what would of [sic]/or could have been using hindsight, as we clearly raised the issue and sought legal advice in the very beginning before the property was put on the market...

6. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...adjacent to the intersection of the arterial route (Man Street) with Brecon Street, on which public realm upgrades are to occur. [19] The reply notes that the Arterial Road project was listed in Schedule 2 of the Covid-19 Recovery (Fast-track Consenting) Act 2020 (the Fast-track Act); noting that a designation was obtained along with associated resource consents pursuant to the Fast-track process. [20] The reply further states: 7 The Council has considered alternatives both...

7. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...forthcoming decision trail in this proceeding should be read alongside a decision trail in a proceeding called Cable Bay Wines Limited & Motukaha Investments Auckland Council v Cable Bay Wines Limited 2 Limited v Auckland Council1, where consent is indicated for part of a retrospective application for certain structures and activities, and refusal of the balance. [3] The two proceedings were heard as a set in the first half of November 2018. As with the First Interim Decisio...

8. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...of quantifying the benefits and costs, and the comparison of the risk of acting with not acting when information is insufficient or uncertain (does this require a precautionary approach?)12 [7] Finally, when considering applications for resource consents,13 consent authorities are required14 to have regard to any actual and potential effects on the environment of allowing the activity. [8] This emphasis on effects means that the traditional tripartite model for legal decisions is...

9. Hugh Grant Sayers - Evidence in Chief [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF HUGH GRANT SAYERS ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St East

10. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 849 KB]

    ...infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF BRONWYN ANNE COOMER-SMIT ON BEHALF OF THE AUCKLAND COUNCIL (TRAFFIC EFFECTS) Dated 21 August 2018 BROOKFIELDS LAWYERS M C Allan Telephone No. 09 979 2128 Fax No. 09 379 3224 P O Bo...