Search Results

1. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...conferencing is not to be seen as an immediate step following the Council process. In other words, the matter doesn’t ‘go away’ while parties wait for the Court to set a timetable, rather the impetus is continued directly following the lodging of appeals and remaining parties joining the case. This can contribute powerfully to shortening of case disposal times. It also acts to concentrate the minds of parties on what the key issues are in the case, and focus on likely outcomes and...

2. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...and Maritime Union of New Zealand Inc v TLNZ Ltd. 7 In Postal Workers Union of Aotearoa v New Zealand Post Ltd, 8 I expressed a preference for approaching the issue of costs in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to have regard to factors such as the benefit both parties will obtain from the proceedings and the nature of the claim, in assessing the extent to which the starting point of 66 percent of the actual and reas...

3. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...of the cases noted above is at the extreme end of the range for volume of paper, numbers of parties, and complexity and number of issues. The second case is quite typical of the work of the Environment Court of New Zealand processing and hearing appeals from decisions of councils, and sometimes on direct referral of cases where the Court becomes the first instance hearing body. The consequences are clear for all to see – vast quantities of paper, huge costs in copying, sending...

4. Wikatene - Tauranga Taupo 1B 2B No 2 (2017) 376 Aotea MB 81 (376 AOT 81) [pdf, 290 KB]

   ...enforce the obligations of his or her trust (whether by way of injunction or otherwise). 376 Aotea MB 84 [16] The obligations of trustees are well settled and need not be repeated here. The relevant legal principles were set out by the Court of Appeal in Rameka v Hall.4 I adopt those principles. Discussion [17] The last review of this trust was conducted in 2015 upon application by Mr Wikatene. During the proceedings, a special general hui was held on 2 May 2015. At that...

5. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

   ...a very good source of informed opinion on the relative merits of prospective candidates. They will, therefore, be prominent among those consulted. The list of parties who may be contacted includes the Chief Justice, the President of the Court of Appeal, the President of the New Zealand Law Society, Solicitor-General and other organisations or groups representative of lawyers who the Attorney-General believes can contribute names of suitable persons. Such groups may include the New Zealan...

6. [2022] NZEnvC 019 Minister of Conservation v Wellington Regional Council [pdf, 2.4 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 19 IN THE MATTER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) MASTERTON DISTRICT COUNCIL (ENV-2019-WLG-000110) CARTERTON DISTRICT COUNCIL (ENV-2019-WLG-000112) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON WATER LTD (ENV-2019-WLG-000123) RANGITANE TU NIAI RA T...

7. CAC 10044 v He [2011] NZREADT 9 [pdf, 90 KB]

   ...to take effect one month from the date of issue of this decision. 3 HC Auckland, CIV 2007-404-1818, 13 August 2007 6 [25] In accordance with s 113 of the Act the Tribunal records the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 27 th day of May 2011 ______________________________ Judge Michael Hobbs Chairman ______________________________ Mr...

8. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...and stated that if the trustees had carried out their duties correctly then he would not have made the application. 35. The general rule is that the costs follow the event unless exceptional circumstances exist to depart from this rule. (see Appeal by DTS Riddiford at MS 13 ACTK 184) 36. This case has no exceptional circumstances which require me to depart from this rule. The applicant has been unsuccessful and has by his litigation cost the trust and the beneficial owners consi...

9. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...proceedings, I am not satisfied that there is such a strong case for security that causes this case to be an exception to the Court’s longstanding reluctance to make such orders, other than in truly exceptional cases. Further, as the Court of Appeal noted in AS McLauchlan Ltd v MEL Network Ltd, 7 the Court should also be shown that the claim has little chance of success. That has not been established, at least to this point, by the defendant. [18] Finally in this analysis, the...

10. Bloor - Runanga 2E Block (2017) 162 Waiariki MB 203 (162 WAR 203) [pdf, 205 KB]

    ...actions of the trustees, including their repeated applications to vary the trust order. The Court underscored the importance of adherence to the provisions of s 244 of the Act: 5 [65] In The Trustees of Pukeroa Oruawhata v Mitchell the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...