Search Results

1. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...application is to be dealt with “as nearly as may be practicable” in accordance with the procedure provided for in the High Court Rules. In New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc the Court of Appeal held that the Employment Court was required to approach strike out applications (which similarly have no express statutory basis in the Act) on the same basis as the High Court does. [9] Rule 5.45(2) of the High Court Rules provid...

2. [2020] NZEnvC 110 Aratiatia Livestock Limited v Southland Regional Council [pdf, 268 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 110 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-029) ... (continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Commissioner S G Paine Hearing...

3. Brown v Robson - Pukepoto No 8B No 12 (2019) 192 Taitokerau MB 177 (192 TTK 177) [pdf, 273 KB]

   ...Trustees of Waitara SD Sections 6 and 91 Land Trust, the Māori Appellate Court held:3 1 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60) at [15]. 2 At [16]. 3 Eriwata v Trustees of Waitara SD Sections 6 and 91 Land Trust – Waitara SD Sections 6 and 91 Land 192 Taitokerau MB 181 [5] When trustees are appointed to an Ahu Whenua Trust, they take legal owner...

4. 5 LEG paper Approval for introduction Redacted [pdf, 1.3 MB]

   ...repeal takes effect. 6 The repeal will apply from enactment to all relevant active criminal proceedings, except those where conviction and sentencing have been completed before the Bill comes into force. This will prevent offenders from filing appeals to bring themselves within the ambit of the repeal legislation. 7 The Bill excludes any entitlement to compensation relating to the impacts of the three strikes law. Compensation would go beyond the purpose of the repeal of the three st...

5. [2021] NZEmpC 213 Baylis v Chief Executive of the Porirua City Council [pdf, 191 KB]

   ...file the challenge one day late. That brings it within the category of extensions that should generally be granted, desirably without opposition.6 However, as noted by the Porirua City Council, in a case where there has been a slip-up and the appeal date has been inadvertently missed, how quickly the applicant seeks to rectify the mistake after learning of it will also be relevant.7 [17] Here, the delay in the filing of the application for leave was longer than it ought to...

6. [2022] NZREADT 21 - Wei v REAA (14 October 2022) [pdf, 93 KB]

   ...cancel the licence, the Registrar must— (a) include in the notice referred to in subsection (1)(d) the grounds for the decision and the date on which the cancellation takes effect; and (b) specify in the notice that the licensee has a right of appeal to the Tribunal under section 112; and (c) record the cancellation on the register as soon as practicable. [26] The Authority submits that the Registrar followed the correct process when cancelling the Applicant’s licence. DISCUSS...

7. [2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr [pdf, 186 KB]

   ...can be assessed at this stage, they weigh against the grant of leave. [19] I return to the Supreme Court’s judgment in Almond v Read. There it was observed that: [37] Accordingly, where a litigant takes steps to exercise the right of appeal within the required timeframe (including advising the other party), but misses the specified time limit by a day or so as a result of an error or miscalculation (especially by a legal adviser) and applies for an extension of time prompt...

8. [2023] NZEnvC 052 Gray v Dunedin City Council [pdf, 2.1 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND Decision No. [2023] NZEnvC 52 of the Resource Management Act 1991 an appeal under s120 of the Act GS GRAY AND KM SINCLAIR­ GRAY (ENV-2022-CHC-024) Appellants DUNEDIN CITY COUNCIL Respondent Court: EnvironmentJudge PA Steven Environment Commissioner S Myers Hearing: In Chambers on the papers Appearances: T Shiels KC for the appellants S Chadwick and...

9. [2022] NZEmpC 55 Wei v Sunlight JMB Future Ltd [pdf, 189 KB]

   ...Saunders.8 That case was described as one where the High Court made an unless order when security for costs had not been provided a year after it was due. Ms Singleton noted the Court stated that the length of time was generous, something the Court of Appeal subsequently agreed with.9 [13] The delay attributed to Mr Wei was 362 days. To give weight to that submission attention was drawn to the challenge to the Authority’s determination being filed in July 2020 and to the ev...

10. [2023] NZEnvC 087 Aratiatia Livestock Limited v Southland Regional Council [pdf, 193 KB]

    ...provisions not addressed by this decision are: (a) Rule 24: incidental discharges from farming; (b) Policy 30 and Rule 78: weed and sediment removal from modified watercourses; and (c) Appendix N: FEMP. [3] The decision on Rule 24 has been appealed to the High Court. Policy 30 and Rule 78 and finally Appendix N: FEMP have been set down for a hearing in the week commencing 29 May 2023. Documents considered [4] In arriving at this decision, the court considered the following...