Search Results

1. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

2. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...practicable, all leave commitments are planned to be met and spread as evenly as possible throughout the year. [46] The obligation to consult staff and to take their preferences into account when compiling the leave roster, and the existence of an appeal process by referring any disagreement to head office, supports the conclusion that the parties created a comprehensive mechanism. The second sentence in cl 5.2.1 Ms Dunn relied on, specifying how much leave may be allocated, does...

3. Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45) [pdf, 188 KB]

   ...attempt to partition her shares in the block. Mrs Tawera acquired those shares through a series of gifts from members of the Reedy whānau. 1 Her application for partition was successful in the Māori Land Court but that decision was reversed on appeal by the Māori Appellate Court in 1992 and her partition was reduced to a right to occupy. 2 This history was covered by the Māori Appellate Court in Tāmati Muturangi Reedy v Heneti Tawera - Waitangi A1A2 (1992) and is reproduced be...

4. Te Moni - Wharepouri Te Moni [2020] Chief Judge's MB 544 (2020 CJ 544) [pdf, 379 KB]

   ...and (b) If so, is it necessary in the interests of justice to remedy any mistake or omission. 14 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 15 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 555 Did the Registrar make a mistake or was there was an omission in the presentation of facts? Kōrero - Discussion [14] The first issue is answered by reference to the application filed and...

5. Darryl Sycamore [pdf, 457 KB]

   In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC-47 Under the Resource Management Act 1991 (RMA) In the matter of an appeal under section 120 of the RMA Between Blueskin Energy Limited Appellant And Dunedin City Council Respondent Statement of evidence of Darryl Sycamore 24 February 2017 Respondent's solicitors: Michael Garbett Anderson Lloyd Level 10, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959,...

6. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...and her son. He then goes on to say: This was evidenced by a letter of instruction that was prepared by the lawyers and signed by Mouat. Moreover, Mouat was advised on three further occasions that independent advice was recommended. The Court of Appeal found that this consent was not adequate to relieve the lawyers of their duty of loyalty. 1 The basis for the decision was that the conflict was so great it was impossible to act adequately for both clients. This view had been sugg...

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

   ...There were some other grounds cited,2 but the two matters noted above are at the heart of the application for dismissal, on the basis that it would be unfair and a 1 For example see the Court of Appeal in McMenamin v Attorney General [1985] 2 NZLR 274; and Chow v Canterbury District Law Society [2006] NZAR 160 at [15]; and the Tribunal’s power under s 252 Lawyers and Conveyancers Act 2006. 2 Mr M also alleges “suspicion and goss...

8. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...applicant that resource consent has been granted (section 67(3)).  If the 40 working day requirement is not met, the CMT group is treated as having given permission for the same term as the resource consent (section 67(4)).  There is no right of appeal or objection under ss 357 and 357A of the RMA to a decision to give or decline permission (section 68(2)). Do councils have a role in monitoring and enforcing compliance if CMT permission is granted? As noted, councils will n...

9. 2020 NZEnvC 142 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 16 MB]

   ...waiver, relevant factors include the length of the delay, the reasons for the delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution.3 Discussion [6] I do not consider that any party will be unduly prejudiced by SSL joining the proceedings. SSL's application has been made in the early stages of this proceeding and importantly, prior to the Jud...

10. Mucalo - Estate of Neri Te Waru [2019] Chief Judge's MB 595 (2019 CJ 595) [pdf, 336 KB]

    ...- Waihao 903 Section IX Block.7 I do not propose to repeat those principles again in this judgment. 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 605 [14] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in th...