Search Results

1. Bloor v Griggs – Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (2019) 80 Takitimu MB 152 (80 TKT 152) [pdf, 162 KB]

   ...clarification from the parties on that specific point. [45] Mr Bloor, I would normally make the orders conditional on completion and receipt of an ML plan approved as to survey by Land Information New Zealand. Also proof of compliance with any resource consent or council conditions. Also, clarification of any apportionment of rates liability that may be required and valuation of the proposed partitioned access. [46] The application is adjourned accordingly pursuant to rule 6.9(1)(...

2. [2019] NZEnvC 134 Strategic Property Advocacy Network v Auckland Council [pdf, 328 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC 13 Lf of the Resource Management Act 1991 of an appeal under section 156(1) of the Local Government (Auckland Transitional Provisions) Act 201 O STRATEGIC PROPERTY ADVOCACY NETWORK Appellant (ENV-2017-AKL-000167) AUCKLAND COUNCIL Respondent ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED WAITAKERE RANGES PROTECTION SOCIETY INCORPORATED GM...

3. [2023] NZEmpC 161 Te Whatu Ora – Health New Zealand v CultureSafe NZ Ltd (in liq) [pdf, 280 KB]

   ...involving witnesses, the Courts have developed useful factors for consideration such as which proceeding was commenced first; the potential effect each proceeding may have on the other; the public interest; duplication of witnesses and issues of wasted resources; the state of advancement of the subject proceeding; and whether there is any issue of a multiplicity of proceedings involving the same subject matter arising.8 [8] Only some of these considerations are relevant here since t...

4. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

   ...undertaken overnight, they can be and are done at other times when aircraft are not in service. In the cases of both of the line maintenance jobs just described, performing this work when aircraft and staff are available to do so both utilises time and resources efficiently and ensures that operational aircraft are available in the event of a breakdown or delay on the company’s network. The freight loading work - Decision [23] This aspect of the case turns on whether the use of...

5. [2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd [pdf, 218 KB]

   ...him of the positive pre-employment test result. [16] Mr Scullin was provided with a copy of the Omega Report, and a meeting with him was held via Skype video conferencing that afternoon attended by Mr Scullin, Bruce Borthwick, Manager – Human Resources Business Partnering, and Mr Bradding to discuss the positive test result. A member of the New Zealand Airline Pilots’ Association (NZALPA) Air Traffic Control Council also attended as Mr Scullin’s support person. [1...

6. [2022] NZREADT 2 - BX v REAA (28 February 2022) [pdf, 276 KB]

   ...agency) to sell the property, with Mr Tapper identified as the salesperson. The agreement noted that there were three dwellings on the property, being a main dwelling, a second dwelling and a loft. The “2nd Dwelling” contained a bedroom and had resource consent as (verbatim) “commercial. able to be used for multiple options”. The loft was described as being self-contained and comprising two bedrooms, a kitchen, a toilet and a bathroom which was rented out. It stated that the lo...

7. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

   ...jurisdiction to award costs in respect of 1 Evans v Marlborough District Council [2023] NZEnvC 048; Evans v Marlborough District Council [2023] NZEnvC 066; Evans v Marlborough District Council [2024] NZEnvC 110. 3 this proceeding under s285(1) Resource Management Act 1991 (‘RMA’). Moreover, the Council is willing to make a reasonable contribution to the applicant’s costs but only towards those incurred prior to the court’s interim decision2 issued on 17 March 2023. Th...

8. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...BETWEEN AND Decision No. [2018] NZEnvC 43 of an application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prim...

9. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

   ...concerns about the delay that has occurred, there is insufficient evidence to make a finding that the challenge is not being pursued in good faith. 13 That is the case where a stay of execution is being sought for money judgments, see Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. However, I consider that the same principle also applies more broadly. Would the successful party at first instance be affected injuriously by...

10. [2021] NZEnvC 061 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.4 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI Court: Hearing: Decision No. [2021] NZEnvC 61 IN THE MATTER of the Resource :rvianagement Act 1991 AND of appeals pursuant to clause 14 of the First Schedule of the Act BET\X'EEN UPPER CLUTHA AND ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on the attached...