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1. ENVC combined interested party notices A to E [pdf, 11 MB]

   ...' t,v.\f\.L- M l\("' \V'\ Ci ~ l.-M . [state--- --' . • the Environment Court's reference number for the proceedings (eg, RMA 23212003); or • the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)]. I am [state whether you are--- t\ p~s-o \A v-J'h 0 lrv\o.dJz-- C\ ..s;<A b WI \ S{'10il\ • the Minister for the Environment; or • . a...

2. MLC 2017 08 National-Panui [pdf, 297 KB]

   ...August 2017 | Mäori Appellate Court Coram Chief Judge W W Isaac (Presiding), Judge P J Savage, Judge C T Coxhead Applications for Hearing PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: 1/1 10:00AM A20170001366 58/93 Haumoana White Appeal 2017/5 - Mohakatino Parininihi No 1C West 3A2 - and a decision made at 361 Aotea MB 146 -185 on 30 November 2016 At Whanganui | Aotea Mäori Land Court, Ingestre Chambers, 74 Ingestre Street, Whanganui Wednesday 9 August 2017 | Mäori Ap...

3. [2023] NZEnvC 011 Airbnb Australia PTY Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...& ORS v QLDC – TOPICS 29 & 30 SUBTOPIC 9 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 11 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BETWEEN AIRBNB AUSTRALIA PTY LIMITED (ENV-2020-CHC-61) … (continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M H...

4. [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College [pdf, 821 KB]

   ...this case [11] There is another factor affecting dismissals for particularly serious misconduct. As long ago as in New Zealand (with exceptions) Shipwrights etc Union v Honda New Zealand Ltd, 3 the Labour Court established (and the Court of Appeal confirmed) 4 that the more serious an allegation against an employee said to justify dismissal, the higher the expected standard of proof of that allegation must be. That is a principle which has been followed consistently over decade...

5. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   ...the circumstances at the time. 5 [79] In the recent decision of Howard v Carter Holt Harvey Packaging Ltd, 6 Judge Corkill noted that, in this particular area of the law, this Court has continued to follow and apply the dicta of the Court of Appeal in Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd, where it was stated: 7 What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dism...

6. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...would be to rob the trust of its separate legal identity and render the trust a sham. [198] Mr Locke also submits the Adjudicator lacks jurisdiction to award general damages and understands that the matter is presently subject to at least one appeal. [199] Mr Robertson submits that as the home is owned by the Ngahere Trust it would seem unfair on the respondents to pay any amount in general damages. 52 [200] I accept in principle that general damages can be awarded...

7. 2020-03-18-ORC-PC7-s-32-Report.pdf [pdf, 614 KB]

   ...Waitangi (Te Tiriti o Waitangi). The Treaty principles are used in a number of statues but are not defined in legislation. The principles relate to the obligations of the Crown under the Treaty of Waitangi and have been derived predominantly from Court of Appeal decisions in relation to cases under the State-Owned Enterprises Act 1986. The principles are: • The two parties to the Treaty must act reasonably towards each other and in utmost faith; • The Crown must make informed decision...

8. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   ...Government (Girls Training Centre) Change to designation to allow facility to be used for boys Boys and young men and girls and young women for youth justice (including adult jurisdiction) and 50 care and protection 1993 Settlement of appeals and Social Welfare Purposes: residence confirmation of amended Designation for the care and control (including detention) of children and young persons. (included conditions) 1995 Modified Designation requested for inclusion i...

9. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. [20] Mr Billington QC, now lead counsel for REL, cited McElroy Milne v Commercial Electronics Ltd. 10 The Court of Appeal in McElroy Milne accepted the classic statement from Hadley but noted that it was not to be regarded “as either Holy Writ or statute”. 11 The Court also accepted that the starting point and basic principle is that the injured pa...

10. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

    ...Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessment dated 10 March 2021 and a final decision dated 1 April 2021 (the final decision).1 [4] This decision addresses the Pascoes’ objection...