Search Results

1. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...poor manner of participation in many ways, and may be contrasted with the manner of involvement of the lead submitter society in the earlier Waiheke Marinas case. 1 Introduction [1] Kennedy Point Boatharbour Limited (KPBL) applied for resource consent to construct, operate and maintain a 186 (maximum) berth marina and associated facilities in Kennedy Point Bay on Waiheke Island. [2] Consent was granted by Independent Hearing Commissioners appointed by Auckland Council. Two par...

2. Hawkes Bay Standards Committee v M [2013] NZLCDT 1 [pdf, 172 KB]

   ...misconduct on the basis that Mr M accepted instructions from a client (Ms H), and continued to act for her throughout the transaction involved, when he knew there was a conflict of interest. It was alleged that Mr M did not obtain the prior informed consent of Ms H, and did not disclose to her all information available to him which related to her affairs. [3] The Tribunal convened in Auckland on 8 November 2012 to hear four interlocutory applications lodged by Mr M in respect of...

3. [2024] NZEnvC 185 Transpower New Zealand Limited v Central Hawkes Bay District Council [pdf, 5.7 MB]

   ...Respondent Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Last case event: 25 June 2024 Date of Order: 7 August 2024 Date of Issue: 7 August 2024 _________________________________________________________________ CONSENT ORDER _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) The appeals are allowed subject to the agre...

4. [2022] NZEnvC 145 Ngati Tuwharetoa Geothermal Assets Limited v Bay of Plenty Regional Council [pdf, 521 KB]

   ...Chief Environment Court Judge D A Kirkpatrick, sitting alone pursuant to s 279 of the Act Date of Order: 10 August 2022 Date of Issue: 10 August 2022 ________________________________________________________________________________________ CONSENT ORDER ________________________________________________________________________________________ A: Under s 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subj...

5. [2013] NZEmpC 24 Idea services Ltd v Barker [pdf, 120 KB]

   ...successfully challenged that determination in this Court. The defendant in her present application now claims that, “for various reasons the Court overlooked that the personal grievance had been raised within the 90 days period by the filing of a statement of problem in the Authority, and the subsequent acknowledged service of it by the Authority on the respondent within 90 days.” [3] The provision in the Act allowing for retrials is cl 5(1) of sch 3 which provides: 5 Rehea...

6. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...Therefore even though the lack of slope may not be a contributing factor to the dwelling leaking, their evidence was that it was inevitable that the deck would need to be replaced to carry out the required remedial work. Mr Maiden in his witness statement stated that he saw no evidence to suggest the deck needed to be replaced. However, at least by implication, he accepted the evidence of the other experts. [41] On the basis of the evidence I am satisfied that the remedial...

7. [2025] NZEmpC 161 Chief of Defence Force v YFX [pdf, 311 KB]

   ...s 103(1)(b) of the Act. What followed was a summary of alleged shortcomings attributed to NZDF in nine paragraphs, each one of which became the basis for the pleaded claims in this proceeding. In addition, the letter asked for remedies; reinstatement of annual leave and sick leave payments which were used to cover leave for stress, reimbursement for lost wages from the date of the letter until the matter was resolved, compensation under s 123(1)(c)(i) of the Act, an independent inv...

8. [2010] NZEmpC 52 Vice-Chancellor of Massey University v Wrigley & Anor [pdf, 27 KB]

   ...it would be injurious to the public interest to disclose them. [4] It is necessary to identify the nature of the proceeding before the Court and, being a challenge, therefore the case in the Authority. [5] Although I do not have copies of the statements of problem and in reply in the Authority, its determination issued on 6 January 2010 records that the remaining claims of the (now) defendants for determination were for breaches by the employer of s 4(1A) of the Employment Relatio...

9. ENVC Hearing 6Oct14 s274 evidence chief John Hall [pdf, 70 KB]

   IN THE Matter of the Resource Management Act 1991 (the Act) And IN THE MATTER of Notice of Motion under Section 87G requesting the granting of resource consent to WAIHEKE MARINAS LIMITED to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE BY JOHN H HALL 1 My name is John Halliday Hall. My wife and I live at 56 Beach Parade, Oneroa, Waiheke Island. We support the application by Waiheke Marinas Limited to establish a mari...

10. FD v VG LCRO 127 / 2010 (2 September 2011) [pdf, 75 KB]

    ...Thereafter the consent of the parties was sought for the review to be conducted on the papers in accordance with section 206 of the Lawyers and Conveyancers Act 2006, also being informed of their right to be heard in person. [12] The Practitioner consented to the review being conducted on the papers. When no response was received from the Applicant the Case Manager made attempts to contact him, eventually leaving a message on his telephone on 6 September 2010. The Applicant subs...