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1. [2023] NZEnvC 242 New Zealand Transport Agency v Auckland Council [pdf, 21 MB]

   Civil v Auckland Council & Waka Kotahi IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 242 IN THE MATTER OF appeals under section 120 the Resource Management Act 1991 AND appeals under section 174 of the Resource Management Act 1991 BETWEEN WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY (ENV-2021-AKL-000040) DIANNE CIVIL (ENV-2021-AKL-000042) (ENV-2021-AKL-000095) DIRECTOR-GENERAL OF CONSERVATION...

2. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

   ...165-238 (326 AOT 165-238) and 326 Aotea MB 239-315 (326 AOT 239-315) 26 329 Aotea MB 103-138 (329 AOT 103-138) and 329 Aotea MB 139-207 (329 AOT 139-207) 27 329 Aotea MB 208-246 (329 AOT 208-246) 28 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2017 Chief Judge’s MB 277 [25] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell) you summarised the core principles relating to s 45 applications: 29 (a) First, when considering s 45 applications, the Ch...

3. [2021] NZACC 126 - Botha v ACC (4 August 2021) [pdf, 534 KB]

   TIN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 126 ACR 143/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KEVIN BOTHA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Ms B Peck for the appellant Mr S Bisley and Mr L Kibblewhite for the resp...

4. 2022-03-18 ORC - Opening Submissions [pdf, 373 KB]

   ...purpose of—: (i) Soil conservation: (ii) The maintenance and enhancement of the quality of water in water bodies and coastal water: 30 The leading case on the overlap of controls between regional councils and district councils is the Court of Appeal decision in Canterbury Regional Council v Banks Peninsula District Council.8 31 This case was a declaratory proceeding concerning whether the control of land for the avoidance or mitigation of natural hazards is within the power...

5. [2024] NZEnvC 082 NSK Farming Ltd v Canterbury Regional Council [pdf, 2.5 MB]

   NSK FARMING LTD v CANTERBURY REGIONAL COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 082 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN NSK FARMING LIMITED (ENV-2021-CHC-000021) Appellant/ Applicant AND CANTERBURY REGIONAL COUNCIL Respondent Court: Judge L J Semple sitting alone under s 279 of the Act Hearing: In chambers at Wellington Last case event: 9...

6. KI v Accident Compensation Corporation (Contribution to Cost of Treatment) [2024] NZACC 011 [pdf, 1.8 MB]

   ...ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 11 ACR 291/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN KI Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 November 2023 Heard at: Wellington / Whanganui-A-Tara Appearances: Ms H A...

7. [2024] NZEnvC 282 M & L Taylor Partnership v Queenstown Lakes District Council [pdf, 7.4 MB]

   M & L TAYLOR PARTNERSHIP V QLDC – CONSENT DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 282 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN M & L TAYLOR PARTNERSHIP (ENV-2023-CHC-43) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch...

8. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...determination dated 20 November 2009 which concluded: The Standards Committee has considered the complaint and has decided to take no action on it, for the following reasons: 1. The complainant alleged that the practitioner should have continued the appeal proceedings but the practitioner maintains, and this is supported by a perusal of his file, that the complainant clearly instructed he wished to discontinue the appeal proceedings on the basis that costs would not be sought...

9. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...breach of s 9(1)(a) of the Act which prohibits any preference in obtaining or retaining employment. Construction of the seniority clause [28] In Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 8 the Court of Appeal affirmed the approach adopted in that case by Judge Shaw to the interpretation of a collective employment agreement, describing it as “conventional and appropriate”. 9 The Court of Appeal recorded that in her approach to the inter...

10. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

    ...the action by some payment. If the offer is not accepted the letter is intended to be produced after the Court has dealt with the merits of the case but before it has dealt with costs. Reference was also placed on the decision of the Court of Appeal in Health Waikato Ltd v Van der Sluis [1997] 1 ERNZ 236 which observed that the Calderbank discretion is a broad one which can encompass total figures comprising both compensation and costs. [33] The Board referred to Regulation 68 o...