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1. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...including ascertaining who was required to file what applications to enforce and set aside the Settlement Agreement. In the end, it was necessary for all parties to be legally represented. As a result, the Petaera and Potaka- Osborne whānau filed a statement of claim seeking to enforce the Settlement Agreement.2 In response, the Ngātoa whānau filed its own statement of claim (as amended) to set aside the Settlement Agreement.3 The Trust who had previously filed a pro forma app...

2. Marine and Coastal Area - An overview of the act [pdf, 172 KB]

   ...be sold.  Provides legal recognition and protection of customary interests in the CMCA, through protected customary rights (PCRs) and customary marine title (CMT).  Provides that local authorities are prohibited from granting a resource consent for an activity that will, or is likely to, have more than minor adverse effects on the exercise of a PCR (with some exceptions) unless the PCR group gives its approval.  Provides that the rights conferred by CMT include the right to...

3. 2021-03-17 OWRUG - MOC - relief [pdf, 109 KB]

   ...Regional Council, OWRUG’s members consider that Plan Change 7 as it was notified simply does not provide a feasible pathway through the (then) proposed controlled activity rule. It is for that pragmatic reason that non-complying activity resource consents have been sought by OWRUG’s members. Added to that, many of OWRUG’s members have, through the resource consent applications lodged, proposed limits and controls that will require substantial investment in new infrastructu...

4. [2019] NZEnvC 049 Haines House Haulage Northland v Whangarei District Council [pdf, 3.5 MB]

   ..."', <", .",. " , '';;i'· .. ~·'.fi: ";0 L., V'l; 'l ":'.d I;) 2 :2 MAR 2019 INTERIM DECISION OF THE ENVIRONMENT COURT A. We conclude that the appeal might be allowed and consent granted if we can be satisfied as to the activities allowed and there are suitable conditions to achieve rural character and amenity and avoid undermining the objections for urban consolidation. B. To address this we direct: (a) th...

5. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...1993 Act which applied at the relevant time. However, any provision of the 2020 Act affecting the Tribunal’s hearing procedure does have present application, as will now be seen. Open and closed documents and open and closed hearings [4] In his statement of reply the Assignee says he appropriately withheld information from Mr Beattie in accordance with the provisions of s 27(1)(c) and s 29(1)(a) and (f) of the 1993 Act. Mr Beattie challenges the decision. [5] It was therefore nece...

6. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...Authority investigating them. 1 Agus Riyanto & 43 others v Dong Nam Co Ltd [2015] NZEmpC 67 (footnote omitted). [3] In this Court, the plaintiffs in respect of each vessel filed separate statements of claim. I am currently concerned with a claim brought by 44 crew members who it is alleged worked on Sur Este 707, that vessel being registered to fish in New Zealand fisheries waters pursuant to s 103(4) of the Fisheries...

7. [2020] NZEnvC 006 Antoun v Hutt City Council [pdf, 3.1 MB]

   ...(RMA/the Act) against an abatement notice issued to him by Hutt City Council (the Council) on 16 July 2019 (the abatement notice); 2 • An application pursuant to s 325(38) for stay of the abatement notice. The application for stay was granted by consent at a judicial conference on 27 August 2019. This decision relates solely to the appeal against the abatement notice itself. [2] A copy of the abatement notice is appended to this decision. 1 [3] It will be seen that the abateme...

8. [2020] NZEmpC 203 A Labour Inspector v Chhoir [pdf, 331 KB]

   ...During the course of submissions, a further issue arose which was unanticipated by the parties and which I allowed further submissions to be filed on. It is convenient to deal with that issue first. It relates to the admissibility of statements made to the Labour Inspector by the first defendant during the course of the Labour Inspector’s investigation. Admissibility of statements made to the Labour Inspector [5] The Labour Inspector may exercise a number of powers un...

9. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...unenforceable and cannot be modified to provide a party with more than it bargained for. He denies the other allegations. [5] As the Court understands it, informal disclosure has already taken place between the parties. On 25 June 2013, I issued consent orders relating to the handling of various confidential documentation to be made available through that process. The application before me relates to the plaintiff’s request for further disclosure. The plaintiff now seeks di...

10. [2019] NZEnvC 165 SKP Incorporated v Auckland Council [pdf, 761 KB]

    ...S of the Resource Management Act 1991 of an application for orders for rehearing of proceedings under s294 of the Act SKP INCORPORATED (ENV-2018-AKL-00017 4) Applicant AUCKLAND COUNCIL Respondent KENNEDY POINT BOATHARBOUR LIMITED Consent Holder Court: Principal Environment Judge L J Newhook sitting alone under s729(1) RMA Hearing: At Auckland on 17 September 2019 Appearances: J D K Gardner-Hopkins for Applicant for rehearing and for recusal M C Allan and R Abraham fo...