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1. Mihaka v Wihapi - Paengaroa North B No 10A (1993) 8 Waiariki Appellate MB 150A (8 AP 150A) [pdf, 143 KB]

   ...proceedmgs and his mterests arose out of the interest of the other beneficial owners. 3 There has been a history of difficulty m this block and the question of calling a meeting of owners was a high priority. 4 The applIcant was of limited means and resources personally. He is apparently unemployed and would be unable to meet any substantial award of cost which would cause hardship to him. 5 Counsel emphasised the costs should not be used as a pUnishment agamst an unsuccessful p...

2. [2020] NZREADT 13 - Beatson - Ruling on costs (1 May 2020) [pdf, 97 KB]

   ...expediency and efficiency. Any shortcomings that the approach suffers from through lack of true applicability to the individual cases before, is made up for by a system which resolves cost disputes promptly and with the expenditure of a minimum of resources. It is part of a wider system of cost fixing that it was decided was appropriate in the High Court regime and does not necessarily provide wider guidance to other Tribunals which are, of course, not operating in that environment...

3. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act.2 18. Clause 104 provides no enforcement order may be made by the Environment Court requiring the trustee to act under section 314(1)(da) of the Resource Management Act 1991 to avoid, remedy, or mitigate any actual or likely adverse effect on the environment relating to 1 or more of the maunga vested in the trustee under this or 1 or more of the Rangitoto Island properties. This restric...

4. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...September 2018, which gives the following advice: (a) The land is situated within the Whangarei District Council Rural Countryside Environmental zone; (b) The land falls under the Papakainga Housing provisions of the District Plan. Therefore resource consent approval is not required. The proposal must be of a communal nature so the provisions relating to papakainga development can apply. (c) Future build development will require a Papakainga Development Plan, prior to building...

5. [2020] NZEnvC 008 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 259 KB]

   !BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND AND BETWEEN AND Court: Environment Court Judge: Judge J A Smith Decision No. [2020] NZEnvC OO'G of the Resource Management Act 1991 of an Application for Waiver pursuant to section 27 4 of the Act Topics 11 & 14 of the Northland Regional Council Appeals BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND...

6. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...Walker [1963J NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995J ALLER 48,57. [25J Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above." Appeal Authority's decision [5] Corporation...

7. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [pdf, 180 KB]

   ...“lacks integrity” and is so financially hamstrung it can’t investigate fraud and exploitation cases, … [Mr A], I would like to point out that if IM’s such as [Ms R] are now engaging in practices which compels the placement of system resources (yourself, myself, the clients and the CFT process) as opposed to open discussion and addressing the points asked of [Ms R] (which she invited be asked if I had further queries) I fear that this compounds the concerns of the minister as...

8. [2020] NZEnvC 118 Thi Lan Anh Tran trading as Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 189 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU IN THE MATTER AND BETWEEN AND AND Decision No. [2020) NZEnvC \ \ 5 of the Resource Management Act 1991 of two appeals against a decision on an alteration to designation pursuant to s 17 4 of the Act THI LAN ANH TRAN trading as HANOI VIETNAM CAFE (ENV-2018-AKL-000090) Applicant CITY RAIL LINK LIMITED Respondent AUCKLAND COUNCIL Unitary Authority and s274 party Court...

9. Hazardous Substances and New Organisms Assessments Amendment Bill [pdf, 136 KB]

   ...reassesses hazardous substances and makes decisions about whether controls need to be updated, or whether the substance should no longer be approved. 6. The assessment and reassessment of hazardous substances in New Zealand can be time-consuming and resource intensive. The Bill amends the principal Act to improve the processes for assessing and reassessing hazardous substances. These amendments allow the EPA to proceed more quickly and efficiently with assessments, rather than having to...

10. [2017] NZEnvC 113 White v Auckland Council [pdf, 199 KB]

    BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC ".~ of the Resource Management Act 1991 of . an appeal and application for stay pursuant to s 325 of the Act CR WHITE AS TRUSTEE FOR THE AWHITU TRUST (ENV-2017-AKL-98) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith sitting alone pursuant to ss 325 and 279 of the Act Submissions: CR White for herself and the Trust V Tamatea for Auckland Council D t...