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1. [2024] NZEnvC 009 Puketotara Lodge Ltd v Bluegum Gospel Hall Trust [pdf, 137 KB]

   ..._______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A. The application by the Respondent for a stay of the determination of costs is granted pending resolution of the High Court appeal. 2 REASONS [1] By Memoranda of Counsel dated 19 December 2023, Bluegum Gospel Hall Trust (Bluegum) sought indemnity costs against Puketotara Lodge Ltd in the amount of $292,94...

2. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

3. [2023] NZEnvC 182 Bowkett v Whangarei District Council [pdf, 204 KB]

   Bowkett v Whangarei District Council & Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 182 IN THE MATTER OF appeals under s 325 of the Resource Management Act 1991 BETWEEN G BOWKETT (ENV-2023-AKL-000150) (ENV-2023-AKL-000153) Appellant AND NORTHLAND REGIONAL COUNCIL WHANGAREI DISTRICT COUNCIL Respondents Court: Environment Judge J A Smith Last case event: 28 August 2023 Appe...

4. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

   ...direction on next steps. Executive summary 2. The Government has a coalition agreement commitment to establish a CCRC. A CCRC is an independent public body set up to review suspected miscarriages of justice and refer deserving cases back to the appeal courts. In New Zealand, the Royal prerogative of mercy performs the same function. 3. A number of other jurisdictions have established a CCRC, including the United Kingdom (for England, Wales and Northern Ireland), Scotland and Norway. T...

5. [2023] NZCAA 01 (20 July 2023) [pdf, 189 KB]

   Representatives: Colin Mitchell, Barrister, Auckland, for the Appellants New Zealand Customs Service, Auckland, for Customs BEFORE THE CUSTOMS APPEAL AUTHORITY Decision: [2023] NZCAA 01 UNDER The Customs and Excise Act 2018 BETWEEN XXXX and YYYY Appellants AND Chief Executive of the New Zealand Customs Service Respondent Hearing: On the papers Counsel: Mr C Mitchell, counsel for the Appellants. Ms N Taylor and Ms O Nor...

6. LT v B Ltd [2024] NZDT 690 (13 November 2024) [pdf, 97 KB]

   ...parked for 7 minutes beyond the 180 minute parking limit at a private carpark on [Street]. 2. LT’s daughter was parked there while she used the gym services of one of the customer businesses for whom B Ltd provides parking enforcement. 3. LT appealed the notice on the basis that the amount of the breach was so short, her daughter was a loyal customer of a relevant business and the time stamp data collected by B Ltd is on the entry and exit ramp, so measures the total time in the...

7. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY AT WELLINGTON [2013] NZACA 15 ACA 01/06 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s.107 of the Act BETWEEN PETER JOHN FIRMIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 October 2013 at Christchurch Authority: Robyn Bedford Counsel: H McDouall & K Murray for appellant; A Barnett, I Hunt & H Evans fo...

8. [2024] NZLVT 025 - Thompson v Auckland Council (6 May 2024) [pdf, 178 KB]

   ...Tribunal Rule 15 of the Land Valuation Tribunal Rules 1977 allows proceedings to be withdrawn with leave of the Tribunal. These issues relate to the City Rail Link project and there have been other applications determined by the Tribunal and appeal decisions issued in the High Court. This has provided more clarity to the issues involved in subsurface acquisitions and easements. A number of other applications have been resolved in consequence. This case is another example wh...

9. HA v CQ Ltd [2023] NZDT 626 (13 November 2023) [pdf, 225 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

10. [2016] NZEmpC 64 McIvor v Saad [pdf, 95 KB]

    ...today in court to renew Mr Saad’s application for adjournment, Mr Saad is not here as the Court would have expected. [4] The judgment from which these various applications emanate was delivered on 19 August 2015. 1 Mr Saad is attempting to appeal that judgment but was initially out of time to do so and must therefore seek the leave of the Court of Appeal. [5] Ms Moncur has advised me today that, although she is not entitled to appear for Mr McIvor as she has in this Court as an...