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1. [2024] NZEnvC 132 Greenacres Waiheke Limited v Auckland Council [pdf, 227 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediatio...

2. [2023] NZEmpC 167 Ling v Super Cuisine Group Ltd [pdf, 190 KB]

   ...costs? (c) Should costs be increased or decreased? Should costs be ordered? [6] The Employment Court has a discretionary power to make orders in relation to costs under cl 19 of sch 3 to the Employment Relations Act 2000. [7] The Court of Appeal stated the starting point for decisions relating to costs in Victoria University of Wellington v Alton-Lee:3 3 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. The primary principle is that costs f...

3. [2024] NZEnvC 223 Greenacres Waiheke Limited v Auckland Council [pdf, 167 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediation...

4. [2024] NZEmpC 191 The Truck Co Ltd v Hakaraia [pdf, 188 KB]

   ...defers that. The challenge is at a very early stage and will likely not be heard until the first part of next year. That means that the defendant will not have access to the money awarded in his favour for some considerable time. [13] The Court of Appeal has accepted that the apparent strength of an appeal can be relevant in determining an application for a stay but also indicate in the same judgment that the merits must be sufficiently obvious to be treated as a critical factor.6...

5. Guide to the MVDT [pdf, 351 KB]

   ...questions. 4. The adjudicator may give you the opportunity to briefly reply to what the respondent has said. The decision After the hearing, the Tribunal will issue a written decision. If you are dissatisfied with a decision given by the MVDT you can appeal to the District Court within 10 working days after you get notice of the decision. You should also refer to Schedule 1, clause 16 of the Motor Vehicle Sales Act 2003 and Part 18 of the District Court Rules 2014 to ensure that you a...

6. 6.3 Searches and search rules

   ...court documents. In civil proceedings: the formal court records any document or court file relating to an application for a grant of administration, or an action for a recall of a grant of administration, under the Administration Act 1969. And for Appeals: Every person has the right to access the formal court record relating to an appeal. However for criminal proceedings, without limiting rule 6(a), a person may access the following documents only if a Judge permits the person to do so: (a...

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7. [2023] NZEnvC 249 Bayswater Marina Berth-Holders Association Incorporated v Auckland Council [pdf, 3.9 MB]

   Bayswater Community Committee Incorporated v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2023] NZEnvC 249 IN THE MATTER OF an appeal under section 120 of the Resource Management Act 1991 BETWEEN BAYSWATER MARINA BERTH- HOLDERS ASSOCIATION INCORPORATED (ENV-2023-AKL-006) BAYSWATER COMMUNITY COMMITTEE INCORPORATED (ENV-2023-AKL-007) Appellant AND AUCKLAND COUNCIL Respondent AND BAYSWATE...

8. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...The evident focus of s 18 is the existence or otherwise of an existing right, rather than whether proceedings relating to that right have been commenced or completed. [66] In Chaplin v Holden and NIMU Insurance Association 23 the Court of Appeal held, in relation to s 20 of the Acts Interpretation Act 1924, 24 that a party had an accrued right to damages as at the date the action complained of (a road traffic accident) occurred. The Court rejected a suggestion that those rig...

9. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...recent judgment in the proceedings Mr Matsuoka brought against LSG was issued on 21 December 2012. 3 [4] The Supreme Court decision in Service and Food Workers Union Nga Ringa Tota Inc v OCS Ltd, 4 which set aside orders made by the Court of Appeal on issues of continuity of employment under Part 6A of the Act, was issued on 9 August 2012 and I considered it had relevance to the issues which were required to be determined in the present matter. Counsel were provided with the...

10. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

    ...relation to another incident. Constructive dismissal [41] The legal principles relating to constructive dismissal are well established and were not in dispute. In Auckland Etc Shop Employees Etc IUOW v Woolworths (NZ) Limited, the Court of Appeal stated that constructive dismissal included, but was not limited to, cases where: 2 a) An employer gives the employee the choice of resignation or dismissal; b) An employer follows a course of conduct with the “deliberate and...