Search Results

1. [2017] NZEmpC 53 Eden Group Ltd v Jackson [pdf, 137 KB]

   ...from the words “providing that any spending … the consent of the Court”. [62] These considerations favour the grant of a stay order. The public interest [63] Both counsel emphasised the desirability of making best use of court resources. [64] In my view, given the prospect that the High Court proceeding would be more likely to resolve most issues between the parties, without the complicating factor of issues estoppel having to be considered and resolved, a stay...

2. 2021-05-18 JWS - Deemed permits and associated rights of priorities [pdf, 292 KB]

   ...IN THE MATTER of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) of the Resource Management Act 1991(the Act) BETWEEN OTAGO REGIONAL COUNCIL Applicant ENV-2020-CHC-127 Facilitator Deputy Commissioner- RM Dunlop Date 3 May 2021 and 17 May 2021 Venue Heritage Dunedin Leisure Lodge, 30 Duke Street, Dunedin...

3. [2010] NZEmpC 115 Fonterra Cooperative Group Limited v Te Stroet [pdf, 64 KB]

   ...compliance with its reinstatement order. Consideration of that application for compliance has been delayed by the Authority pending the outcome of this application for stay. [30] The grounds for stay include the following. First, its human resources’ manager, Sally Beard, deposes to comments that are said to have been made by Mr Te Stroet’s representatives during the employer’s investigation, indicating that a return by him to his former position “would not be ap...

4. [2023] NZEmpC 90 Fire and Emergency New Zealand v New Zealand Professional Firefighters Union [pdf, 291 KB]

   ...on what can be regarded as ‘background’, it has to be background that a reasonable person would regard as relevant. Accordingly, the context provided by the contract as a whole and any relevant background informs meaning. [31] In Bathurst Resources Ltd v L & M Coal Holdings Ltd, it was confirmed that evidence of prior negotiations and subsequent conduct may be considered, albeit the 3 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432. 4...

5. Evidence Brief: Speed Limit Enforcement [pdf, 522 KB]

   ...Oxley, P. (2003) The interaction between speed camera enforcement and speed-related mass media publicity in Victoria. Monash University Accident Research Centre Reports, (201), 130. Cameron, M., Newstead, S., & Diamantopoulou, K. (2016). A resource allocation model for traffic enforcement. Journal of the Australasian College of Road Safety, 27(2), 23. Delaney, A., Diamantopoulou, K., & Cameron, M. (2003). MUARC’s Speed enforcement research: Principles learnt and implicatio...

6. [2022] NZACC 177 — Calzadilla v ACC (19 September 2022) [pdf, 255 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [40] Section 3 of the Act provides that: The purpose of this Act is to enhance the pu...

7. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 113 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AHUAREKA TRUSTEES (NO. 2) LIMITED (ENV-2015-AKL-000147) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge 8 P Dwyer sitting alone under s 279 of the Act Hearing: On the Papers in Wellington Date of Decision: 24 July 2020 Date of Issue: 24 July 2020...

8. Te Whata - Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294) [pdf, 3.4 MB]

   ...subdivide or partition the land in order to sell part of it to one of his relations. In my view it is likely to be easier to subdivide or partition the land as Maori freehold land than as General land. That is because pursuant to section II (2) of the Resource Management Act 1991 the restrictions under that Act in relation to the subdivision of land do not apply to Maori land unless Te Ture Whenua Maori Act 1993 otherwise provides. The Act does not impose any restrictions on the subdi...

9. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   ...issued Authority No. 2006/207, for the works with general monitoring conditions and provision for investigation if required. The archaeological sites were marked out by NAR in 2008, however the NZHPT Authority has lapsed. FNH Ltd have renewed the Resource Consent for the project from the Nmihland Regional Council. After consultation with Heritage New Zealand and Nmihem Archaeological Research Ltd, it was determined that a new Authority to Modify under Section 44(a) of the Heritage New Z...

10. ENVC Hearing 27Jul15 AC suppl evidence Nicole Bremner [pdf, 180 KB]

    31594581:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174)     SUPPLEMENTARY STATEMENT OF  EVIDENCE OF NICOLE MEGAN BREMNER (PLANNING) ON BEHALF OF AUCKLAND COUNCIL...