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1. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   ...Johnson the owner of the site was Sydney Construction Limited. The development work of the block was carried out by a partnership working solely for Sydney Construction Limited and at a contract price. Sydney Construction sought, in the Court of Appeal, to rely on the independence of those contractors to exclude any liability on the part of Sydney Construction. The Court pointed to the evidence that led it to the conclusion that it was: "… not a case of a landowner eng...

2. Waitangi Tribunal - Te Urewera [pdf, 3.8 MB]

   ...District Native Reserve Amendment Act 1900 . . . . . . . . . . . . . . . . . . . . 294 7.3 The second Urewera commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 7.4 Appellate Court hearings of Urewera appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 7.5 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 CCCChhhhaaaapppptttteeeer r r...

3. [2024] NZEnvC 162 Te Kauri Marae Trust v Waikato District Council [pdf, 2.2 MB]

   Te Kauri Marae Trust v Waikato District Council & Waikato Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 162 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE KAURI MARAE TRUST (ENV-2023-AKL-000052) Appellant AND WAIKATO DISTRICT COUNCIL First Respondent AND WAIKATO REGIONAL COUNCIL Second Respondent AND GLEESON MANAGED FILL LIMITED Applicant...

4. [2006] NZEmpC WC 13/06 Griffith v Sunbeam Corp Ltd [pdf, 179 KB]

   ...request to write a letter in particular terms without verifying for himself that it was true. Principles [115] The principles to be applied in determining whether Mr Griffith’s dismissal was justifiable are those enunciated by the Court of Appeal in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448. The key principles are those set out in the following paragraphs: [31] While in a breach of contract case an employee alleging wrongful dismissal must establish to the satisfaction...

5. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...conditions, was issued on 24 October 2014. Mr Shaw gave evidence at the hearing. The Commissioners did not elect to impose a condition requiring an underpass as requested by the Shaws in their submission.20 The Commissioners’ decision was not appealed by the Shaws. The sole appeal was received from a directly affected landowner on a site-specific severance matter, not in relation to the East-West Minor Arterial alignment that affects the Shaw property. That appeal was resol...

6. [2023] NZEnvC 198 Stilwell v Opotiki District Council [pdf, 8.3 MB]

   G & S Stilwell v Ōpōtiki District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC IN THE MATTER OF an appeal under section 120 of the Resource Management Act 1991 BETWEEN G & S STILWELL (ENV-2022-AKL-000212) Appellants AND ŌPŌTIKI DISTRICT COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Last case event: 6 September 2023 Date o...

7. [2023] NZEnvC 097 Amisfield Environment Protection Group v Central Otago District Council [pdf, 21 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND AND AND Decision No. [2023] NZEnvC 97 of the Resource Management Act 1991 an appeal under s 120 of the Act AMISFIELD ENVIRONMENT PROTECTION GROUP (ENV-2022-CHC-22) Appellant CENTRAL OTAGO DISTRICT COUNCIL First Respondent OTAGO REGIONAL COUNCIL Second Respondent CROMWELL CERTIFIED CONCRETE LIMITED Applicant Environment Judge J E Borthwick -...

8. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI Decision No. [2024] NZEnvC 25 IN THE MA TIER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN SHUNDI QUEENSTOWN LIMITED AND Court: Hearing: Appearances: Last case event: Date of Decision: Date of Issue: (ENV-2020-CHC-85) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan Environment Commissioner J T Baines 14 J...

9. LCRO 236/2020 TB - Application for review of a prosecutorial decision (13 December 2021) [pdf, 580 KB]

   ...review [108] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:10 [39] … [T]he 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. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise...

10. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

    ...scope of review [87] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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...