Search Results

1. [2022] NZEnvC 165 Wilson Parking Limited v Christchurch City Council [pdf, 4.9 MB]

   WILSON PARKING LIMITED v CCC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 165 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN WILSON PARKING LIMITED (ENV-2022-CHC-18) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order:...

2. [2022] NZEnvC 225 Inglis v Tasman District Council [pdf, 1.7 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BET\VEEN AND Decision No. [2022] NZEnvC 225 ofthe Resource Management Act 1991 an appeal under s358 of the Act PETER GEOFFREY THOMAS INGLIS (ENV-2022-CHC-12) Appellant TASMAN DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 3 November 2022 CONSENT ORDER A: Und...

3. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...of the Act. [49] It would, however, be illogical for the Court to not be able to consider the factual rationale for the employer’s belief. The principles are, in my view, succinctly contained within the following statement by the Court of Appeal in the Airline Stewards and Hostesses case where at 993 the Court said: What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the empl...

4. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows:26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of property...

5. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...of that inquiry) is an inquisitorial process that is different, in many respects, from a criminal or civil trial. It is useful to reproduce a passage from the Laws of New Zealand, which was affirmed as a correct statement of law by the Court of Appeal in Newton v Coroners Court:2 [25] General A Coroner’s Court is a Court of record. A Coroner’s inquest is a judicial hearing presided over by a warranted judicial officer, who has most of the ancillary powers of a District Cour...

6. [2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 301 KB]

   ...interest. 10 The rationale is that the funder is gaining access to justice for its own purpose and is in effect the “real party” to the litigation, even if it is not the sole party. 11 [37] These principles were applied by the Court of Appeal where a costs award was sought against a non-party in this Court: Kidd v Equity Realty (1995) Ltd. 12 [38] There are, however, exceptions to the general rule; these were summarised by the Court of Appeal in SH Locke (NZ) Ltd v New Ze...

7. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...to go to anyone other than the two individuals he considered were his legitimate offspring. [16] The Court, in accordance with the terms of the will, subsequently issued succession orders. I am not aware of any applications for rehearing or appeal or of any proceedings brought to challenge the will of Tino Tangata Charles Durie. So his intentions were fulfilled and his daughter Parehuia Durie and his son Noa Durie were the sole and unchallenged successors to his land. Noa Duri...

8. 2019 Directory of Official Information M-O [pdf, 417 KB]

   ...Zealand • two persons, being officers of the Ministry of Health, one of whom shall be appointment as chairman. Records The documents held are minutes of meetings, a file of correspondence and administrative matters, and files concerning the appeals and objections heard by the Committee. 20 Documents Relating to Decision-Making Processes The Medicines Classification Committee uses the Members’ Handbook manuals for administrative purposes. Contact The Secreta...

9. Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]

   ...therefore, the applications are granted. Once the transcript of the hearing is provided Mr Bennion and his clients will have opportunity to consider their position and I will provide written reasons for my oral decision this evening in writing if any appeal is mounted. In the circumstances, without having heard from Counsel, I also consider that on the issue of costs they should lie where they fall. That is my decision. " [ 4] Counsel for the respondents has now filed an appeal. Thi...

10. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

    ...had produced that lease at the Tribunal hearing as part of the defence to NDT’s claim. [43] In considering NDT’s application for a rehearing, the Tribunal Referee rejected the argument that Mr AD had fabricated the lease document. [44] NDT appealed the Tribunal’s original decision dismissing its claim, and the District Court ordered the Tribunal to rehear the claim. This was on the basis that Mr WS had not been given sufficient time to consider documents that had been prov...