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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. [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...

3. Anderson v Bryant (Referral back to Human Rights Commission) [2016] NZHRRT 13 [pdf, 43 KB]

   ...COMMISSION AND RELATED ORDERS1 1 [This decision is to be cited as: Anderson v Bryant (Referral back to Human Rights Commission) [2016] NZHRRT 13] 2 Introduction [1] By statement of claim filed on 23 October 2015 Ms Anderson complains of sexual harassment by Mr Bryant and relies on s 68(1) of the Human Rights Act 1993 to attach liability to AUT University which at the relevant time was Mr Bryant’s employer....

4. [2020] NZEmpC 29 Maharaja India Ltd v A Labour Inspector [pdf, 204 KB]

   ...determining that MIL was the employer, and not Mr Raizada personally, the Authority ordered MIL to pay a total of $59,390.47 to the three employees. It is this order which was the subject of the proposed challenge. [4] Soon after the filing of the statement of claim raising the challenge, the Labour Inspector filed an application to strike it out. That application was served on Mr Raizada at the address for service given for both plaintiffs in the statement of claim, on 21 Novemb...

5. [2016] NZEmpC 62 Harlow v Western Property Management Ltd [pdf, 100 KB]

   ...aside. [9] Alongside all of this there are currently proceedings before the Employment Relations Authority (the Authority). I am informed that Ms Harlow is seeking compliance orders with the earlier determination of the Authority under which consent orders were made and which form the basis of her claim arising out of an employment relationship problem. Earlier there had been a determination, which unfortunately was not disclosed to me, in which the Authority clearly he...

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. 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...

8. 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...

9. [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...

10. [2022] NZEnvC 253 Tararua District Council v Manawatu-Whanganui Regional Council [pdf, 2 MB]

    ...to be filed within a further 10 working days, and final reply (if any) within a further five working days. REASONS Background [1] This decision relates to appeals against a decision of the Manawatu-Wanganui Regional Council to grant resource consents to Tararua District Council (TDC) to allow the on-going operation of the Woodville Wastewater Treatment Plant (WWWTP) and discharge of treated wastewater into the Manga-atua Stream. [2] In our interim decision dated 24 August 2022,...