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1. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...and expenses incurred as a direct result of the Council's actions. On that basis he awarded the objectors approximately two-thirds of their total costs. [31] The earlier substantive decision of the Environment Court was the subject of an appeal by the Council to the High Court,4 which Baragwanath J allowed, declaring that B J & K L Wall v Rodney De W 119/97 (Env Ct) e P Brunei v Waitakere ee, A 134/2006 (Env Ct) Waitakere ee v e P Brunei, High Court, Auckland, CIV-2006-404...

2. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...being undertaken is rapidly evolving, both within New Zealand and overseas. 2 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2017] ERNZ 835 (footnotes omitted). Not disturbed on appeal by the Court of Appeal: LSG Sky Chefs New Zealand Ltd v Prasad [2018] NZCA 256. [32] The Court observed that labour-hire arrangements (which it was concerned with) were part of the evolution of work in New Zealand and the way...

3. BORA Policing Bill [pdf, 415 KB]

   ...linked to the objective of clause 32. 47. In considering the proportionality, we consider broadly whether the limits place on sections 21 and 22 of the Bill of Rights are reasonably proportionate to the objective of clause 32. 48. The Court of Appeal in Moulton v Police stated that[18] "Of course it does not follow that, in the guise of asking for particulars, the police may delve into a person's past. In a sense, details of a person's schooling, employment record, succ...

4. Deputy Registrar - Utakura 7 Block (2010) 7 Taitokerau MB 71 (7 TTK 71) [pdf, 115 KB]

   ...Town Board [1917] NZLR 936 the Supreme Court held that the failure of a Town Board to comply with mandatory provisions under the Public Works Act 1908 rendered a proclamation invalid. In Boyd v Mayor of Wellington [1924] NZLR 1174 the Court of Appeal concluded that the Gazette containing the proclamation was conclusive evidence that the proclamation had been properly and validly issued and that upon registration under the Land Transfer Act, indefeasible title arose. In Upper Hutt Ci...

5. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 80 ACR 178/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROBYN MEHRTENS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2023 Heard at: Christchurch/Ōtautahi Appearances: Mr S Macann for the Appellant Mr J Coats and Ms A Lane for the Respondent Judgment:...

6. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

   ...guidance about important features of their employment relationships. Interpretation of collective agreements [25] The correct approach to interpreting collective agreements has been addressed most authoritatively and recently by the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc. 12 The Court followed the judgments of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd 13 and what it described as a series of importan...

7. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. [2017] NZEnvC 173 National Trading Company of New Zealand v Auckland Council [pdf, 872 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND AND BETWEEN AND Decision No. [2017] NZEnvC l7-3 of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 appeals against the decision on a recommendation of the Auckland Unitary Plan Independent Hearing Panel on the proposed Auckland Unitary Plan (the proposed Plan) pursuant to s 156(1) of the LGATPA proposed plan hearing topic 043/044 Transport - car parking NATI...

9. May 2015 National Pānui [pdf, 290 KB]

   ...244-247 - Application to the Chief Judge THE MÄORI APPELLATE COURT At Whangärei | Mäori Land Court, Ground Floor, Manaia House, Rathbone Street, Whangärei Monday 18 May 2015 | Deputy Chief Judge C L Fox, Judge S Te A Milroy and Judge C Coxhead Appeals for Hearing PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: 1 10:00AM A20140012970 58/93 Mereawaroa Davies and Richard Boyd Takimoana Appeal 2015/3 – Te Tii (Waitangi) B3 (Lot16 DP61631) against a reserved judgemen...

10. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

    IN THE ENVIRONMENT COURT AT NEW PLYMOUTH I TE KOTI TAIAO O AOTEAROA KINGAMOTU IN THE MATIER OF BETWEEN AND Decision [2023] NZEnvC 021 an appeal under s 120 of the Resource Management Act 1991 REGINA PROPERTIES LIMITED (ENV-2021-AKL-000146) Appellant/ Applicant NEW PLYMOUTH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner A C E Leijnen · Hearing: In New Plymouth on 9 and 10 August 2022 Last Case Event: Site visit on 16 Sept...