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  1. [2019] NZEnvC 144 Middleton Family Trust v Queenstown Lakes District Council [pdf, 1 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. (2019] NZEnvC 14&.t of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule of the Act MIDDLETON FAMILY TRUST AND OTHERS (ENV-2018-CHC-94) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 29 August 2019 Date of Issu...

  2. Enforcement of an access direction - reply (s104) [pdf, 215 KB]

    ...Step 2. What are your grounds for opposing the application? Please state your response to the application for an access order, or any other information you wish to provide. Has the Privacy Commissioner issued you with the access direction the appeal relates to? 1.______________________________________________________________________________________ ________________________________________________________________________________________ __________________________________________________...

  3. [2020] NZEmpC 67 Maddigan v Director-General of Conservation [pdf, 312 KB]

    ...Christina Inglis Chief Judge Judgment signed at 4 pm on 19 May 2020 4 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [2019] NZEmpC 99 at [60] and [92]. Leave to appeal was declined by the Court of Appeal in Rappongi Excursions Ltd v Fernandez [2020] NZCA 37. 5 Employment Relations Act 2000, s 188(2).

  4. [2024] NZEmpC 164 EMPC 363-2021 EMPC 85-2022 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors - Interlocutory Judgment [pdf, 179 KB]

    ...relationship between the plaintiffs and defendants in each proceeding, but prior to other hearings between the same parties relating to alleged breaches of the employment relationships which have now been found to exist, and prior to the Court of Appeal determining an appeal in the Pilgrim matter. Analysis and result [10] I accept that provision of access to the material sought is appropriate, having regard to the reasons underlying the request. The Police clearly have a legiti...

  5. [2024] NZEnvC 236 Connor-Kingi v Whangarei District Council [pdf, 158 KB]

    Connor-Kingi v Whangarei District Council & Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 236 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN C CONNOR KINGI (ENV-2024-AKL-035) Appellant AND NORTHLAND REGIONAL COUNCIL WHANGĀREI DISTRICT COUNCIL Respondents AND ONOKE HEIGHTS LIMITED Applicant Court: Environment Judge J A...

  6. What happens next

    ...decisions finder Enforcement If either party fails to follow the Tribunal's orders or directions, the decision can be enforced in the District Court. If you disagree with the Tribunal’s decision If you don’t agree with the Tribunal's decision, it may be appealed to the High Court. The timeframe for filing your appeal will be outlined in the letter sent to you along with the Tribunal's written decision. Contact your local High Court for more information. Find your local High Court...

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  7. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

    ...statement containing a good deal of rhetoric and argument in addition to assertions of fact. [10] As to the law applicable to a claim of constructive dismissal, it was common ground that the principles to be applied are those set out by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168. They may be summarised in the form of three questions: a) Was there a breach of duty by the employer to...

  8. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

    ...former and subsequent employers. These references must have been known to the plaintiff whose lawyers are the same in all jurisdictions. [56] There are at least five such references in the judgments of the High Court, 3 the Court of Appeal, 4 the Supreme Court, 5 the High Court (again on costs) 6 and, finally, the Employment Court. 7 [57] I will simply mention two passages, one from each of the judgments of the High Court and the Court of Appeal. At [8] of the jud...

  9. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

    ...This is similar to cases such as enforcement cases, where parties sometimes have no option but to participate. [15] In Canterbury Cricket, the Court brought into this account some further factors, including thatlO in proceedings where any right of appeal is limited to points of law, it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, be thoroughly prepared. The Court also noted 11 differences in scop...

  10. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

    ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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 tha...