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1. [2021] NZEnvC 029 Darby Planning Ltd Partnership v Queenstown Lakes District Council [pdf, 884 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI Court: Hearing: Decision No. [2021] NZEnvC 29 IN THE Ivlf\ TIER of the Resource :tvfanagement Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BET\X!EEN DARBY PLANNING LIMITED PARTNERSHIP AND (ENV-2018-CH C-150) and all other appellants concerning Topic 1 of Stage l of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) App...

2. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...scope of review [20] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 that...

3. LCRO 10/2020 EJ v HP (10 June 2020) [pdf, 123 KB]

   ...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 that...

4. LCRO 161/2015 QT v LM and TP (27 September 2018) [pdf, 124 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 that...

5. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...a charge of misconduct under s 73(c)(i) of the Act: that he wilfully or recklessly contravened s 85 of the Act by failing to produce information or documents to a Complaints Assessment Committee when given notice to do so. Mr Morton-Jones’ appeal against the Tribunal’s findings was dismissed. [35] The Tribunal suspended Mr Morton-Jones’ licence for nine months, ordered him to pay a fine of $2,000, and ordered him to complete various educational courses. The Complaints Asse...

6. LCRO 8/2019 GM v NK (25 June 2019) [pdf, 234 KB]

   ...Scope of Review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 that p...

7. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...applications between 17 December 2020 and 27 January 2021 to replace deemed permits and water permits. The majority of the applications seek consent durations of 35 years. 43. The Minister has also become party to two current Environment Court appeals in Otago in which replacement deemed permits were granted consent durations of 15 years, with applicants initially applying for consent durations of 35 years and seeking 25 years through the appeals. The Minister opposes the lengthy t...

8. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...ordinary time remuneration”.18 Section 128(2) does not mean, however, that the Court must order three months’ ordinary time remuneration. [23] The way this compensation is fixed was explained in Ioane and in an earlier decision of the Court of Appeal: Telecom New Zealand Ltd v Nutter.19 While Ioane was about contributory conduct, the judgment of William Young J made comments about the correct approach to determining compensation in cases where dismissal is held to have been...

9. XN v Ji [2019] NZIACDT 49 (19 July 2019) [pdf, 176 KB]

   ...or Globe, as he did not do that.3 [12] There exists in the supporting documents sent to the Tribunal a copy of Immigration New Zealand’s decline letter dated 12 July 2016. This was the version of the letter sent to the complainant. [13] An appeal against the decline of residence was filed in the Immigration and Protection Tribunal (IPT) by the complainant’s new counsel, Mr Chen, on 19 August 2016. The IPT advised Mr Chen on 23 August 2016 that it was not lodged in time and c...

10. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

    ...Court held that it had jurisdiction for several reasons including by reference to the High Court Rules via reg 6. [21] The short point is that r 15.1 of the High Court Rules has been used previously without criticism. Furthermore, the Court of Appeal in New Zealand Fire Service Commission v New Zealand Professional Firefighters Union Inc commented that there was no reason for this Court to approach strike out applications on any basis other than that applying in the High Court....