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1. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...contrary to Objectives 24.3.2 and 24.3.3 on conflicts with other users and efficient use. In relation to the latter term, my understanding of ‘efficient use’ is an economic one in which the benefits of resource use can be maximised but the costs of that use in terms of effects on the environment must be avoided or minimised. Part III - Values Chapters 69. The matters contained in the Values Chapters (3 – 9) have an overarching importance to the application. However my f...

2. Emtage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC166 [pdf, 288 KB]

   ...injury was sustained some four-and-a-half years ago, and has been the subject of numerous medical reports and other processes. Judge McGuire correctly concluded his judgment with the observation that “this saga must be brought to an end”. [76] Costs are reserved. Judge P R Spiller, District Court Judge Introduction The applicant’s submissions

3. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...reasons therefore, I find that the appellant has proved on the balance of probabilities that she has satisfied the requirements of s 21B and that she has suffered a work-related mental injury. [131] Accordingly, the appeal is allowed. [132] Costs are reserved. Judge C J McGuire District Court Judge Solicitors: Medical Law Limited, Grey Lynn

4. [2015] NZEmpC 94 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 262 KB]

   ...power in a employment relationships; and  by permitting collective bargaining; and  by protecting the integrity of individual choice; and  by promoting mediation as a primary problem solving mechanism. [104] There will be no orders for costs between the parties to this point. [105] The Registrar is to arrange an a telephone conference early next week with a Judge to timetable the substantive proceedings to an early hearing. GL Colgan Chief Judge Judgment si...

5. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...the latter issue, the parties should contact the Registrar to ensure that the necessary documentation is before the Court so that this application can be dealt with urgently. The parties will also need to address the matter of mediation. [67] Costs in respect of the present matter are reserved and may be addressed when the substantive matters of the challenge have been disposed of by the Court, in accordance with the decision of the full Court. B S Travis...

6. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   ...the 'long term' duration noise limits and the days and hours to which these apply. [39] Conditions that import by reference material from NZS must be clear on their face to all users of conditions. The copyright position of NZS and the cost of NZS means that we cannot assume that such fundamental documents are accessible to all. The substantive requirements of standards like noise limits should have been set out in full in the conditions circulated to the parties. (It is n...

7. Te Manutukutuku Issue 71 [pdf, 7.9 MB]

   ...Muaūpoko owners by legislation after long, costly litigation. They received no money for it. The Crown conceded that it purchased the state farm block in breach of the Treaty. One aspect of the litigation was the 1896 Horowhenua commission, the costs of which were imposed on Muaūpoko, even though they had not been consulted and had not agreed to it. As a result, the Crown essen­ tially confiscated a quarter of the Horowhenua block from Muaūpoko, a serious breach of the Treaty....

8. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   ...9 De Bruin v Canterbury District Health Board [2012] NZEmpC 110 at [85]; X v Auckland District Health Board [2007] ERNZ 66, at [189]-[190]. 10 At paras [81] and [82]. [92] I shall return to the issue of costs when I settle the terms of the order of reinstatement. B A Corkill Judge Judgment signed at 3.45 pm on 2 July 2015

9. Local Government Bill [pdf, 440 KB]

   ...Bill sets out the upper limits for expenditure based on the population size and geographical spread of the authority (Schedule 3 clause 53(3) and (4) refer). While clause 54 of Schedule 3 states that the local authority must also meet the advertising costs of the proponents of the reorganisation scheme up to the limits provided in the Bill, we understand that private interests can exceed these limits through their own fund raising efforts. 22. Subclauses 53(3) and 53(4) and, to the extent...

10. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

    ...under this Act. Conclusion [82] A second decision will issue in the New Year making the declaration indicated, possibly expanding on these reasons, and possibly making associated directions to provide the requested follow up guidance. [83] Costs are reserved, with a timetable to be set by our second decision or Court minute. For the court: L.J. Newhook Principal Environment Judge J.J.M. Hassan Environment Judge R M Dunlop Environment Commissioner 28 Annexure De...