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1. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...would not have occurred. In these circumstances, I am not prepared to find that the plaintiff’s continued use of cannabis outside of work contributed to the situation leading to his grievance. [56] The plaintiff is entitled to an award of costs. If agreement cannot be reached on this issue then Mr Oldfield is to file and serve submissions within 21 days and Mr Lawlor is to have a like period at which to respond. A D Ford Judge Judgment signed at 1.00 pm on...

2. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...lease over common area G; (d) Provisions should be included for the easement to be varied in situations where the use of the G track becomes unsafe, impractical or the Waikato District Council prohibits access to the reserve; and (e) The costs of carrying out any maintenance, repair or providing an alternative route in case such route is necessary, to be funded by the owners of the Hemi title. 188 Waikato-Maniapoto MB 151 [42] In terms of the second alternative acce...

3. Katipa v Dobbs - Harataunga 2C1 [2015] Chief Judge's MB 635 (2015 CJ 635) [pdf, 338 KB]

   ...resulted in overwhelming support for the proposed change to the beneficiary class. In short, the people have been given the opportunity to speak and they have spoken. In counsels’ view, it would create a further injustice and unnecessary further costs for all if the Court did not follow the will of the people and make the order as resolved. [48] Counsel also submitted that the hui was managed by Court staff and therefore would have been advertised in accordance with the Act’s no...

4. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   ...most of the above factors, and ther~fore the m.ain r.esearch requir~d to inform MPA network design is c1,1rr~nt distribution and abundance of priority ~pecies throughout the region, and modelling of Jarvae movement, I very roughly estimate thl3 co·st of !,UCh marlne science research Jo b~ in order of $400,000.14 37. I agree that establishment, man~gement, monitoring and enforcement of the MNEMA would result ln a benefit for marine ecological value.s. However, it is my opinion that...

5. [2022] NZEnvC 019 Minister of Conservation v Wellington Regional Council [pdf, 2.4 MB]

   ...conditions, Rules Rl 12, R112A, Rl 14, Rl 15, Rl 16, R117, Rl 19, R120, R123, R125, R126, R129, new Rules and Changes as a result of NES-FW) are otherwise dismissed. 3 C: Under s 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] The Court has read the notices of appeal and the memorandum of the parties received 26 August 2021. Other relevant matters Parties [2] The following persons gave notice of an intention to become pa...

6. [2022] NZEnvC 043 Marine Farming Association Incorporated v Marlborough District Council [pdf, 5.3 MB]

   ...order; (b) make any consequential amendments to the numbering of provisions and relevant planning maps resulting from (a) above. the appeals otherwise remain extant. B: Under s285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This proceeding concerns several appeals by Marine Farming Association Incorporated & Aquaculture New Zealand1 and others2 against part of a decision of the Marlborough District Council in relation to...

7. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   ...for waiver is made and what other steps have been taken by other appellants during that period which might mean that they are unduly prejudiced, for example, by needing to revisit issues that have been settled by agreement thereby adding extra cost to the process. Given that this application has been made at a very early stage of the proceeding, any issues to do with different timeframes can be dealt with during judicial case management, which for a plan change of this nature will...

8. Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 Appeal 17) [pdf, 343 KB]

   ...extend and apply to any case so stated. (3) The Chief Judge shall have and may exercise in respect of any application under section 45 the same power as the court possesses under section 79 to make such order as it thinks just as to the payment of costs; and the provisions of that section shall, with any necessary modifications, apply accordingly. The Court of Appeal reading of s 44(5) is problematic, in terms of s 46(1). On the Court of Appeal interpretation, if the Chief Judg...

9. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   ...order to which the application relates, or by the Registrar. (2) On any application under this section, the Chief Judge may require the applicant to deposit in an office of the Court such sum as the Chief Judge thinks fit as security for costs, and may summarily dismiss the application if the amount so fixed is not so deposited within the time allowed. [29] Chief Judge Isaac summarised the principles to be applied in s 45 applications in the recent case of Mokena v Riwai Morg...

10. [2022] NZACC 154 — Byles v ACC (16 August 2022) [pdf, 366 KB]

    ...weekly compensation in the two-month period preceding its decision revoking deemed cover. Such a claim will need to be assessed by the Corporation in the usual manner. 26 [97] These appeals are dismissed. [98] There are no issues as to costs. P R Spiller District Court Judge Solicitors for the Respondent: Medico Law.