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1. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...costs for the remedies it successfully obtained against Mr Powell. That must, however, be balanced against Mr Powell’s successful defence of claims for substantial damages, the hearing of which involved considerably more hearing time and legal resources than the early hearings. Finally, I have to take into account the fact that Mr Powell raised a substantial counter-claim for damages and a penalty in which he also was totally unsuccessful. [16] Analysing the accounts and invoi...

2. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s 152…”4 • “The oversight of the LCRO should … assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases.”5 • “… it is in our view important that the Tribunal be able to determine some complaints even though the likely sanction will not involv...

3. IEAA - 2015 annual report [pdf, 148 KB]

   ...have had filed over the last three years by international students only 23 have been successful for the reasons being that there are a number of complaints where there are minimal grounds for the making of the same. The IEAA does not have the resources to translate documents and we are not in a position in most cases to be able to meet with the complainants when about one-third have returned to their own country by the time the complaints reach us. 14. The IEAA notes the vast imp...

4. J R Webb & Sons Ltd - EiC - J S Webb (5 February 2021) [pdf, 153 KB]

   ...the record Helen Atkins Helen.Atkins@ahmlaw.nz (09) 304 0421 Contact solicitor Louise Ford Louise.Ford@ahmlaw.nz (09) 304 0429 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC- 128 CHRISTCHURCH REGISTRY IN THE MATTER of the Resource Management Act 1991 (RMA or the Act AND IN THE MATTER of the Water Permits Plan Change – Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to...

5. Wernham v Accident Compensation Corporation (Costs) [2023] NZACC 041 [pdf, 150 KB]

   ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [9] In McPhail,2 Judge Henare stated: [56] Rating this case according to its complexity within categories 1 to 3, I conclude this is not an app...

6. Auckland Standards Committee 3 v Potter [2022] NZLCDT 36 (12 October 2022) [pdf, 103 KB]

   ...that Mr Potter needed. [3] Mr Potter has much to commend him. Now 50 years of age, he entered law later than most. He overcame unusual hurdles to achieve standing as a member of the legal profession. He was once a competitive sportsman. He is resourceful, turning his hand to building (in which he holds qualifications) and gardening. He has succeeded with academic study and is currently studying for a Master’s degree in law. He has thoughts of continuing to doctoral studies i...

7. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...refusing to meet the invoices that had been submitted by the Practitioner. She contested its reasons for declining to pay. [6] At some point the Applicant proposed that the Practitioner might pay the amounts due (from Legal Aid) from his own resources pending the matter being resolved with the LSA. The Practitioner declined. Moreover, he was unwilling to pursue to the matter with the LSA himself, as he did not want to prejudice his own provider contract with them. [7] The A...

8. [2018] NZEnvC 106 The Wellington Company Limited v The Save Erskine College Trust [pdf, 210 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 106 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCl") (ENV-2017 -WlG-000038) Appellant THE SAVE ERSKINE COllEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Princ...

9. WISE - EiC - M J Salinger - Climate Change (filed 5 Feb 2021) [pdf, 2.8 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 ("the Act") IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an applicatio...

10. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [pdf, 226 KB]

    ...DWG file of architecture site plans as they needed it “for the building and retaining wall set out”. B Ltd then sent T Ltd a plan numbered A0111. T Ltd used A0111 to set out the site. 9. B Ltd however state A0111 is a master site plan for resource consent purposes only and should not be used for site set out as the dimensions are not necessarily the set out points. T Ltd should have used A2111 instead. A0111 also contains a disclaimer not to rely on the measurements. B Ltd state u...