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1. [2021] NZEnvC 117 Ngati Whatua Orakei Maia Limited v Auckland Council [pdf, 298 KB]

   ...________________________________________________________________ DECISION OF THE ENVIRONMENT COURT REGARDING CONTINUATION OF RESOURCE CONSENT ________________________________________________________________ A: Continuation of the Project permitted in accordance with the conditions attached to the Decision dated 31 January 2019 (LUC60318164) as modified by the Appendix to this decision. B: This order shall remain in place until a decision has been issued on Ngāti Whātua �...

2. ED v VV LCRO 229 / 2010 (15 June 2011) [pdf, 86 KB]

   ...a lawyer such as the Respondent, would jeopardise an unblemished career for a purpose which is difficult to discern. [21] Having observed both the Respondent and Ms VT, I credit them with a degree of morality and professionalism that would not permit them to engage in the activity alleged by the Applicant. The evidence 4 [22] That the Applicant has persisted with her allegations in the face of the evidence provided is surprising. In this regard the Respondent had previousl...

3. [2012] NZEmpC 195 The New Zealand King Salmon Co Ltd v Cerny [pdf, 78 KB]

   ...services industry. Reference was made, for example, to cases involving hospital doctors on call overnight, telephone booking services operated by employees from their homes and a case involving a night-watchman required to be on-site overnight but permitted to rest or sleep when not carrying out particular tasks like opening the gate or answering the telephone. The Court of Appeal noted that the approach adopted in Idea Services was consistent with these overseas authorities. [...

4. 2020-02-19 Richard Allibone Reply [pdf, 214 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

5. [2018] NZEnvC 161 Taueki v Horowhenua District Council [pdf, 275 KB]

   ...an enforcement order if an action undertaken or to be undertaken by any person contravenes any of the instruments identified in paragraph (i). I found that the Council's actions did not contravene any of those instruments and were in fact permitted activities under the relevant planning documents. Section 314(1 )(a)(i) did not apply to breaches (or contended breaches) of instruments created under the Heritage Act (except in limited circumstances where HNZ could apply for an enf...

6. Maori Land Court COVID-19 Level 2 protocol 7 September 202 [pdf, 181 KB]

   ...(including AVL suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 12-14 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the courtroom. e. The court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 22. Any concerns about health and safety practices in the Court should be raised with the local Māor...

7. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...there is no relevant mistake here postponing commencement of the limitation period. Finally, s 31 appears to relate to equitable remedies and is irrelevant. [21] I have considered FG’s view that s 18(6) of the Disputes Tribunals Act 1988 permits the Tribunal to rule on matters outside the six-year limitation period. That subsection requires me to determine the dispute on its substantial merits and justice having regard to the law. I bear in mind as well that, absent the limi...

8. Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109 (31 TRW 109) [pdf, 154 KB]

   ...Owners agree to give Kataraina Paterson provisional support to go for her occupation order. Ike Campbell as the lessee agrees along with the owners as long as all Council requirements have been adhered to.”(Kataraina to be given 3 months to get permits in order – and provide copies to Māori Trustee/owners. If the above venture and occupation order go through prior to the expiry of the current lease, the current lease to be varied.) 3. A letter dated 20 October 2009 from the l...

9. [2022] NZEmpC 20 Courage v Attorney-General [pdf, 195 KB]

   ...answering the interrogatories centres on both. [14] Relevance extends to any facts the existence or non-existence of which is relevant to the existence or non-existence of the facts directly in issue.9 While fishing via interrogatories is not permitted,10 an interrogatory is not necessarily fishing if the answer may prove irrelevant, so long as the interrogatory is potentially relevant to the subject matter.11 So relevance is not to be approached on a narrow basis. [15] The subj...

10. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

    ...union must act under its registered rules so that its authorisation of a representative must be one that it is able to give pursuant to them. Unions are incorporated societies and their powers as such are limited to those expressly or impliedly permitted by the rules: Laws of New Zealand, Incorporated Societies and Other Associations (2000) at para 5. So, “… if a body with limited powers makes a decision which it has no power to make, the decision is void and of no legal effec...