Search Results

1. [2022] NZEmpC 239 Butt v Attorney-General [pdf, 205 KB]

   ...indemnity costs. They submit that this is a case for the exercise of that discretion on the basis that the application was unnecessary and that the Crown did not need to take the approach it did. Further, they say that the Crown has substantial resources compared to them and that this is part of a larger vein of litigation being brought by the recipients of disability funding at the current time. [10] The defendants say that the high threshold for indemnity costs is not met. The...

2. Environment Court - Fee waiver individual [pdf, 194 KB]

   ...local community law centre. MOJ0044.1_JUL18 Note The court may refer to your information on this form in any future applications for waiver (or refund) of fees for the same proceeding. The information on this form is collected in line with: • Resource Management Act 1991 • Resource Management (Forms, Fees, and Procedure) Regulations 2017. http://justice.govt.nz/services/court-fees http://justice.govt.nz/services/finding-your-local-court...

3. LCRO 137/2016 HA v TY Costs Decision [pdf, 97 KB]

   ...carefully consider the requirements of the Rules, instead of continuing to argue the issue which had been before the Employment Court on numerous occasions and then dealt with by the Committee. [16] Ms UC also refers to Ms HA’s limited financial resources and the fact that the costs award of $10,000 against her by the Employment Court has put further stress on those resources. This should have acted as a restraint on Ms HA pursuing the review, particularly when Ms TY’s counse...

4. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

   ...is conferred to do what is in the interests of justice and that r 10.12(c) is something of a “catch all” conferring a separate and very wide jurisdiction. 1 Those factors can include savings in time and cost to the parties and to judicial resources, removing the risk of inconsistent decisions and convenience and expedition. However, care must be taken to avoid confusion, prejudice or oppression to one party from the size and complexity of a consolidated proceeding, especially...

5. Directory of Official Information G-I [pdf, 834 KB]

   ...Limited) Entry last updated on 28 June 2022 Te Pū Ao Governing statutes Crown Research Institutes Act 1992; Companies Act 1993. Functions and responsibilities GNS Science, Te Pū Ao, is a Crown-owned science company that focuses on geological resources, environmental and industrial isotopes, and geological hazards. It applies this knowledge and understanding to deliver a cleaner, safer, and more prosperous New Zealand. GNS Science focuses on natural processes occurring in th...

6. CD v XY Ltd [2014] NZDT 695 (18 June 2014) [pdf, 163 KB]

   ...land. CD claims compensation for the estimated repair costs of $27,000. [3] To stay within the jurisdiction of the Tribunal CD reduces his claim to $15,000. [4] XY Limited declines liability claiming that its activities are in compliance with resource and Council consent requirements and within generally acceptable vibration rates for this kind of work. Law [5] Law of Nuisance Issues [6] Are the cracks appearing in CD’s property due to XY Limited’s activities on the n...

7. [2024] NZEnvC 211 Gisborne District Council v Aratu Forests Limited [pdf, 220 KB]

   Gisborne District Council v Aratu Forests Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 211 IN THE MATTER OF an application pursuant to s 314 of the Resource Management Act 1991 BETWEEN GISBORNE DISTRICT COUNCIL (ENV-2024-AKL-131) Applicant AND ARATU FORESTS LIMITED First Respondent AND CASSANDRA ROSE CROWLEY Second Respondent AND MAUI TE KOTUKU TANGOHAU Third Respondent AND MATTHEW...

8. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

   ...(proven) ganglion and other albeit it rarer soft tissue tumours need to be born In mind. 2. If you consider the diagnosis and/or treatment could, and should, have occurred earlier, please explain when this should have occurred. Were there unlimited resources, this patient would have had her surgery in January 2013 rather than May 2013. As it was she was forced to suffer the inevitable delays engendered by waiting lists and cross-referral from one department to the next. In my mind this...

9. [2024] NZEmpC 235 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 205 KB]

   ...whether it would be in the interests of justice to stay the proceeding. That is a broad assessment but must include the reasons for applying for a stay, its proposed duration, the interests of the parties and the efficient use of scarce judicial resources. Defendant’s submissions [10] Mr Kynaston’s submissions supporting the application began by analysing the Rasier decision, addressing what was said to be matters dealt with by the Court of Appeal in that case that had not...

10. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

    NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI -Ō2NL PROJECT IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 133 IN THE MATTER of a direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Resource Management Act 1991 for the Ōtaki to North of Levin Project BETWEEN NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI (ENV-2023-WLG-000005) Applicant...