Search Results

1. 2022-06-30 ORC PC7 - [2022] NZEnvC 118 - Costs Decision [pdf, 208 KB]

   ...change to the court as the Regional Council had capacity constraints. [7] The added benefit to the Regional Council in the court determining the proceeding is that its costs are limited to those associated with a single hearing, with no right to appeal to the Environment Court on the merits of the plan change. Quantifying costs [8] The exercise of any judicial discretion must be carried out in a principled way. This discretion extends to the quantification of costs and expenses...

2. 5 Alternative Dispute Resolution revision [pdf, 128 KB]

   ...non-participating party may face consequences in costs if that party cannot persuade the Court that the appropriate outcome is materially different from that agreed by the others. c) Settlement generally will involve the withdrawal, or partial withdrawal of an appeal or an agreement to be referred to a Judge with a request for the making of a Consent Order. d) In all cases, a mediation outcome document will be produced by the parties at the mediation and should, if possible, be signe...

3. [2023] NZEnvC 070 Canterbury Regional Council [pdf, 211 KB]

   ...waiver, relevant factors include the length of the delay, the reasons for the delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution. Whether there is any undue prejudice [17] No party has claimed that they will be unduly prejudiced by the application for waiver and the delay is of no real moment given the stage of the proceeding. [18] I cannot se...

4. Rameka - Te Runanga Ā Iwi Ō Ngāpuhi (2021) 228 Taitokerau MB 184 (228 TTK 184) [pdf, 210 KB]

   ...180(1) are met. Counsel submits that s 180(1)(m) applies, in that the applicants are members of Ngāpuhi and are registered with TRAION; that TRAION is a 2 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265). https://www.legislation.govt.nz/act/public/2004/0078/latest/link.aspx?id=DLM313066#DLM313066 https://www.legislation.govt.nz/act/public/2004/0078/latest/link.aspx?id=DLM313066#DLM313066 228 Taitokerau MB 188 mandated iw...

5. [2022] NZEnvC 118 Otago Regional Council [pdf, 218 KB]

   ...change to the court as the Regional Council had capacity constraints. [7] The added benefit to the Regional Council in the court determining the proceeding is that its costs are limited to those associated with a single hearing, with no right to appeal to the Environment Court on the merits of the plan change. Quantifying costs [8] The exercise of any judicial discretion must be carried out in a principled way. This discretion extends to the quantification of costs and expenses...

6. [2022] NZEmpC 159 BAC v TRS [pdf, 174 KB]

   ...resolution of this matter before the Court is declined. [21] I do, however, make a non-publication order over the names of the parties for 28 days from the date of this judgment, recognising that the plaintiff may wish to apply for leave to appeal this judgment. Unless otherwise ordered, the non-publication order will then cease to have effect. Stay application not proper approach [22] As noted, the plaintiff has also made an application for a stay of the Authority’s dete...

7. Knuckey v Telford - Wahapakapaka 7A (2021) 435 Aotea MB 68 (435 AOT 68) [pdf, 202 KB]

   ...1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [13] The decision Clarke v Karaitiana is a leading authority on the appointment of trustees and at paras [51] and [52], the Court of Appeal underscored both the importance of the views of trust beneficiaries as well discretion of the Court in making appointments that considers relevant factors, including skills and experience and the potential for conflicts of interest.6...

8. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. 3 For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-notes/all-benches/protocol-for-participation-in-virtual-hearings/ https://www.courtsofnz.govt.nz/going-to-court/practice-directions/pra...

9. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. 3 For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-notes/all-benches/protocol-for-participation-in-virtual-hearings/ https://www.courtsofnz.govt.nz/going-to-court/practice-directions/pra...

10. Surnamecrown v Haig-Clarke - Kaiaua 1 (2022) 269 Waiariki MB 20 (269 WAR 20) [pdf, 215 KB]

    ...Kupu Whakatau The decision [19] The Court has no evidence that the trust is failing to adhere to their terms of trust and there is poor accountability. 3 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 269 Waiariki MB 25 [20] Termination of the whānau trust will clearly result in detriment or create unreasonable disadvantage to Jenelle, a daughter of Wakarara Potae Te Aute Haig-Clarke and a beneficiary of the wh...