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1. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...ENVIRONMENT COURT _________________________________________________________________ A: Decision [2023] NZEnvC 88 is amended as set out in Annexure 1. REASONS Introduction On 11 May 2023 the Court issued a decision1 finalising the wording of consent 1 [2023] NZEnvC 88. 2 conditions. By email dated 11 May 2023 counsel for the Appellant sought three changes: (a) the address in the intituling should be recorded as “State Highway 30, Awakeri”; (b) counsel for t...

2. [2020] NZEmpC 215 Edwards v Recreational Services Ltd [pdf, 144 KB]

   ...THOMAS EDWARDS Applicant AND RECREATIONAL SERVICES LIMITED Respondent Hearing: On the papers Appearances: P Moore, advocate for applicant G Pollak, counsel for respondent Judgment: 4 December 2020 CONSENT JUDGMENT OF JUDGE K G SMITH [1] On 4 August 2020 the Employment Relations Authority dismissed claims by Thomas Edwards that he had been unjustifiably dismissed by Recreational Services Ltd.1 The Authority also dismissed his w...

3. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...1993, the Director now applies to have them joined as second and third defendants respectively. [6] The Director submits Mr Dixon-McIver and Mr Basford ought to be joined to this proceeding because: 3 [6.1] The allegations contained in the statement of claim relate to their actions and omissions; and [6.2] They stand to be personally liable for all or some of the matters that are the subject of this proceeding. It is further submitted their presence before the Tribunal is nece...

4. [2022] NZEnvC 084 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 570 KB]

   ...consider how provisions sit within the Plan, including as to what are the most appropriate provisions for achieving related Plan objectives and whether the integrity and coherence of the Plan would remain. [9] There are no national policy statements or matters as to the Otago Regional 6 ORC also making some supplementary submissions on a technical matter as to the proper positioning in the PDP of the definition of ‘landscape capacity’. 7 Notably, Decision 2.1 [2019] NZEn...

5. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...on either a full or E.49 6 | P a g e part time (75%) basis. Deputy Commissioners sit as required usually based on their specific expertise. The court’s functions are primarily to determine: • appeals in respect of resource consents, designations and abatement notices, • plan appeals in respect of the content of regional and district planning instruments, applications for enforcement orders, and • inquiries in respect of water conservation orders. The c...

6. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...on either a full or E.49 6 | P a g e part time (75%) basis. Deputy Commissioners sit as required usually based on their specific expertise. The court’s functions are primarily to determine: • appeals in respect of resource consents, designations and abatement notices, • plan appeals in respect of the content of regional and district planning instruments, applications for enforcement orders, and • inquiries in respect of water conservation orders. The c...

7. [2015] NZEmpC 226 Sheath v The Selwyn Foundation [pdf, 86 KB]

   ...1 Sheath v The Selwyn Foundation [2015] NZERA Auckland 134. [3] Following the filing of the challenge, Ms Sheath was dismissed from employment by the first and/or second respondents on the grounds of redundancy. She filed a statement of problem with the Authority raising a personal grievance arising out of that dismissal. In view of the fact that the challenge in respect of the earlier proceedings is already before the Court, Ms Sheath applied to the Authority f...

8. [2025] NZEmpC 82 A Labour Inspector of MBIE v Dao (Judgment (No 2) [pdf, 206 KB]

   ...Capstone Law’s trust account on retainer for anticipated estimated legal costs. [5] At a directions conference held on 15 April 2025, the parties were directed to confer about the possibility of the freezing and ancillary orders being varied by consent. That was not possible, and on 16 April 2025, the respondents sought that their application be dealt with urgently. [6] A telephone hearing was held on 17 April 2025 during which the issues were discussed. Some level of agreemen...

9. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...Ford v Ryan when considering the meaning of warranty in cl 6.2(5). Williams J noted that cl 6.2(5) is not:22 a warranty as to the quality of the home. Specifically it is not a warranty that the home is watertight. It undertakes only that if consents were required for work done on the house during the vendor’s tenure, then such consents were duly obtained and their terms complied with.” [64] We consider that the ordinary and natural meaning of sub-clause (d) of the con...

10. FFNZ - EiC - R J McDiarmid (5 Feb 2021) [pdf, 231 KB]

    ...and PC7 in its entirety does not offer any future certainty, or future thinking. We are in effect left in a state of limbo, unsure what the full Otago Water plan review (yet to commence) will require of us, and what that will mean for future consenting. IMPACTS OF REGULATORY UNCERTAINTY ON RURAL COMMUNITIES 26. The provisions of PC 7 Policy 10A.2.1 restricts the reconsenting of water permits to the area of irrigated land that existed at a set period, the season of 2017-20...