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1. [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...

2. 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...

3. 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]...

4. 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...

5. 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...

6. 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...

7. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...only. Whether s 27(3) at issue 5. Since the original advice, negotiations for settlement of the claims have progressed. The proposed settlement will cut across extant litigation in the Supreme Court in which two parties (Wai 85 and Wai 429) bring appeals to enhance their ability to return to the Waitangi Tribunal to reargue their resumption claims. You have been separately briefed on these issues by Crown counsel engaged with the litigation. 1 On 19 March 2020 we also provided su...

8. [2021] NZEnvC 093 CEP Services Matauwhi Ltd v Northland Regional Council [pdf, 2.2 MB]

   ...\ ::0 ,,_.,....,-~----.. IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAM.AKI MAKAURAU IN THE MATTER OF AND BETWEEN AND Decision [2021] NZEnvC ~ ~ of the Resource Management Act 1991 Topic 11 Biodiversity Appeal issues under Clause 14 of the Schedule 1 of the Act CEP SERVICES MATAUWHI LTD (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAI HARBOUR RESTORATION SOCIETY INCO...

9. [2021] NZEmpC 123 20 District Health Boards v New Zealand Nurses Organisation [pdf, 190 KB]

   ...important questions of law which arise in the proceedings other than incidentally. They can be summarised as follows: 2 Employment Relations Act 2000, s 178(3). 3 Employment Relations Act 2000, ss 178(2)(a)-(b) and 178(3). 4 The Court of Appeal has recently touched on the limited statutory grounds for removal, although in a case which did not engage s 178(2): A Labour Inspector (Ministry of Business, Innovation and Employment) v Gill Pizza Ltd [2021] NZCA 192 at [48]. See also t...

10. 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...