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1. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

   ...pay a fine of $2,000.00. The fine is to be paid to the Authority within 20 working days of the date of this decision. [18] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ___________________ Ms C Sandelin Member...

2. Clarke - Poukawa Patangata Ahu Whenua Trust (2020) 86 Takitimu MB 52 (86 TKT 52) [pdf, 198 KB]

   ...have then resulted in the election of trustees who may not have held the complete supprot of the owners, it would appear that there was sufficient support for the nominees, taking into account the principles set out in the decision of the Court of Appeal Clarke v Karaitiana.5 In that case the Court confirmed that the views of the owners will be extremely important to the determination by this Court as to which nominees are the most appropriate for appointment: [51] The touchsto...

3. Amendments to Te Ture Whenua Maori Act 1993 December 2020 [pdf, 891 KB]

   ...individualised. Provisions regarding landlocked land have also been updated. The Court can take account of a broader range of factors when granting an order for reasonable access to landlocked Māori land, which can help whānau gain access to their whenua. Appeals about landlocked land will also be heard by the Māori Appellate Court rather than the High Court. To support how the Māori Land Court functions, judges will be able to appoint experts in tikanga Māori and whakapapa as addit...

4. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...discussions that took place in mediation. [16] Statements and submissions made orally at mediation come within the ambit of s 148(1) of the Act and the parties are therefore required to keep them confidential.4 [17] As stated by the Court of Appeal in Just Hotel Ltd v Jesudhass, this: … reflects the desirability of encouraging the parties to a mediation to speak freely and frankly, safe in the knowledge that their words cannot be used 3 Attorney-General v Prince [1998] 1 NZL...

5. [2020] NZEnvC 210 Hamilton City Council v Global Metal Solutions Limited [pdf, 241 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TA.MAKI MAKAURAU IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 2. l 0 of the Resource Management Act 1991 (the RMA) of an appeal application for enforcement orders under s 316 the RMA HAMIL TON CITY COUNCIL (ENV-2019-AKL-000319) Applicant GLOBAL METAL SOLUTIONS LIMITED First Respondent Court: Environment Judge M Harland Environment Commissioner A Gysberts Hearing: On the pa...

6. Environment Commissioner Auckland Application Pack [docx, 44 KB]

   ...any number · 11 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit wit...

7. Fisher v Foster (Costs) [2020] NZHRRT 29 [pdf, 623 KB]

   ...3). [8.8] On the other hand, understanding and compassion are equally important. See Andrews [80] as well as Meek v Ministry of Social Development [2013] NZHRRT 28 and Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 which was upheld on appeal in Commissioner of Police v Andrews [2015] NZHC 745 at [65], [68] and [73] to [74]. Reference should also be made to Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 (Lohr) at [7] and [13] to [16]. [9] In Lohr at [6.7]...

8. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...which the settlement relates if satisfied that exceptional circumstances apply (proposed new s 13Z(4)); and 2 See Ross v Southern Response Earthquake Services Limited [2019] NZCA 431 at [69] (leave to appeal to the Supreme Court granted: [2019] NZSC 140 (9 December 2019)). 3 Above at [98]. c. the duty of good faith in s 4 of the ERA is extended to the relationship between a union and non-union employee who is joined to the union...

9. Application for an Order Requiring Payment to a Rights Owner Under Section 122O of the Copyright Act 1994 [pdf, 571 KB]

   ...provided they have written authority from you to act on your behalf in this matter (e.g. a lawyer). All documents must be in English. More information can be found at www.justice.govt.nz/cop Payment information The fee for filing a notice of appeal is $266.00 (GST included) To confirm how you pay the application fee, please visit the Ministry of Justice website: www.justice.govt.nz/tribunals/copyright/forms- and-fees/ If you need further assistance, then please contact the T...

10. Sandra Barns - Evidence in Chief [pdf, 297 KB]

    MHH-133911-694-778-V3:mhh BEFORE THE ENVIRONMENT COURT AT AUCKLAND IN THE MATTER: of the Resource Management Act 1991 AND IN THE MATTER: of appeals pursuant to clause 14 of the First Schedule to the Act BETWEEN MOTITI ROHE MOANA TRUST (ENV-2015-AKL-000134) NGATI MAKINO HERITAGE TRUST (ENV-2015-AKL-000140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-2015-AKL-000141) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND...