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1. [2019] NZEnvC 006 Kawau Island Action Incorporated Society v Duke and Auckland Council [pdf, 2 MB]

   ...Date: 23 January 2019 DECISION OF THE ENVIRONMENT COURT ON INTERIM APPLICATION FOR ENFORCEMENT ORDER AND DIRECTIONS A. The Court refuses to make an interim enforcement order. B. Directions are made with respect to applications for costs and statements of position. KIA v Duke & Auckland Council- ex p interim enforcement orders 2 REASONS Introduction [1] This urgent Judicial Telephone Conference was convened at the request of Mr Coleman, given that he advised that unc...

2. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   ...Grafton Downs Limited and Phoenix 2 Property Advisory Limited is to remain as it relates to all stages of the framework plan and the 450m2 retail block, but set aside as it relates to the supermarket building and activity; (2) Resource consents for a 3,850m2 supermarket including a 250m2 online order pick up area, servicing and loading areas, a 200m2 office, a 250m2 retail area within the supermarket building (containing food and beverage activities) and associated carparki...

3. 7 December 2017 Ngai Te Hapu Incorporated & Ors v Bay of Plenty Regional Council [pdf, 528 KB]

   ...address:Vasa.Motusaga@justice.govt.nz ENVIRONMENT COURT CX10086 PO Box 7147 Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 EC4180_NoticeOfHearing 1. Topic: Topic Number: SCHEDULE OF PROCEEDINGS Appeals against decision to grant consent to applications to dump remains of MV Rena, equipment, cargo, and debris field on Otaiti/Astrolabe Reef and to authorise any future discharaes of contaminants ENV-2016-348-000003 i. Ngai Te Hapu Incorporated v Bay of Plenty R...

4. [2024] NZEmpC 107 Pacific Insulation Ltd v Lagera & Anor [pdf, 164 KB]

   ...file and serve an updated affidavit listing the documents described in paragraphs [9] and [10] of the freezing orders and the documents referred to in sub-paragraph [5](d) above by 5 pm on Friday, 21 June 2024. (f) The applicant is to file its statement of problem in the Employment Relations Authority by 5 pm on Monday, 1 July 2024. (g) The review hearing set down for 9.30 am on 20 June 2024 is to be vacated and appearances excused. (h) The matter is to be set down for the next...

5. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...the ASPs prepared for Lots 1, 2 and 15 contained the same material particulars in the GST schedules before each version of the ASPs was signed, in breach of rr 5.1 and 9.9 of the Rules. [25] Ms Sun is defending the charge. THE EVIDENCE [26] Statements of Evidence were filed by the Committee and the following witnesses were called at the hearing before the Tribunal: (a) SE, the purchaser of Lot 3; (b) XZ, the purchaser of Lot 15; (c) BR, the director of PE Ltd; (d) BD, the...

6. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   ...years that activity has been permitted under the Business 7 Zone of the District Plan. Extraction of rock from the quarry has been largely completed and Fletchers is currently in the process of filling the quarry with clean fill pursuant to a consent granted by the Court in 2011. 1 1 The Court issued an interim decision on the filling application under Decision No. [2011] NZEnvC 130 on 18 May 2011 and then a final decision as a consent order on 26 July 2011 under No [2011] NZEnvC 21...

7. EMPC Effective representation in the Employment Court - perspective from the bench [pdf, 300 KB]

   ...Pay particular attention to the pleadings. The purpose of them is to put the other side, and the Court, on notice of what your client’s case is. The requirements are set out in the Regulations.15 It is not uncommon for the Court to require statements of claim to be re- pleaded because of drafting infelicities. Sometimes it will be necessary to file amended pleadings. They must be marked in a clear way to indicate changes to the original pleadings.16 Remember that an application...

8. KR v WH LCRO 141 / 2010 (14 May 2012) [pdf, 128 KB]

   ...Conduct and Client Care Rules in these circumstances. [39] I therefore concur with the Standards Committee with regard to this aspect of the complaint. Deduction of fees [40] Immediately prior to completion of the refinancing WH had prepared a statement recording the proposed advance of $136,000 and after payment of the balance due to KR’s former partner, the sum of $666.87 was required to be paid to meet the total fees and disbursements payable to the firm. This statement wa...

9. [2019] NZEmpC 92 Samuels v Employment Relations Authority [pdf, 167 KB]

   ...series of unfortunate procedural failings and delays. [2] Counsel assisting the Court has sought an unless order. The application proceeds against the following backdrop: • A failure to file and serve a court-directed second amended statement of claim on time, which resulted in a hearing date being lost; • a failure to file and serve an affidavit confirming service on time; • a failure to file a record of proceedings on time; • a failure to file a marked-up co...

10. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

    ...drugs of abuse in urine” (or successor Standards); or 8.2.2.2. AS 4760:2006: “Procedures for specimen collection and quantitation of drugs in oral fluid (or successor Standards). 8.3. Procedure 8.3.1. Prior to undergoing a test, a test consent form will be signed by the employee consenting to the relevant method(s) of testing 8.3.2. A drugs testing custody and control form will be completed. 8.3.3. The employee will provide a hair or oral fluid sample for...