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1. [2020] NZEnvC 149 Environmental Defence Society Inc v New Zealand Aluminium Smelters Limited [pdf, 213 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 149 of the Resource Management Act 1991 of an application for declarations under s 310 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2020-CHC-99) Applicant NEW ZEALAND ALUMINIUM SMELTERS LIMITED Respondent Court: Environment Judge J E Borthwick Hearing: Sitting alone in Chambers pursuant to s 279 of the...

2. [2019] NZEnvC 191 Trustees of the Dark Horse Trust v Auckland Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Date of Decision: Date of Issue: Decision No [2019) NZEnvC \ q \ IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of two appeals under s 120 of the Act BETWEEN JEANETTE RA YNISH & CAROL ANNE CAMPBELL as Trustees of the Dark Horse Trust AND AND AND AND (ENV -2018-AKL-000355) THE ST MARY'S BAY ASSN INC. & HERNE BAY RESIDENTS ASSN INC. (ENV -2018-AKL-000357) A...

3. [2022] NZEmpC 49 Butt v Attorney-General [pdf, 184 KB]

   ...for the exercise of that discretion on the basis that the applications were unnecessary, lacked merit, unnecessarily prolonged the litigation process and increased the costs to the plaintiffs. [9] Further, they say that the Crown has substantial resources compared to them, that their case has public significance and that it is part of a larger vein of law being developed. 1 Butt v The Attorney-General sued on behalf of the Ministry of Health [2021] NZEmpC 151. 2 Butt v The Attorn...

4. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...mechanism to settle comprehensively land claims of indigenous peoples, consistent with the Treaty of Waitangi and with the Covenant rights, has been created. Please also indicate whether the Waitangi Tribunal has been provided with increased financial resources. Dissemination of information relating to the Covenant (art. 2) 27. Please indicate what steps the State party has taken to disseminate information about the Covenant, the submission of its fifth periodic report, its examinat...

5. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...attention by the company’s “new receptionist”. [11] The Authority Member concluded her report: [18] [Goldstone] did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of [Mr Edmond] and the Authority were wasted as a result of the conduct of [Goldstone] noted in the Appendix to this report. Parties’ comments to Court [12] A copy of the good faith report was provided to the parties, who were of...

6. Barns - Lot 39A 2A and Lot 30A 2B 2B 2A Parish of Matata (2012) 59 Waiariki MB 242 (59 WAR 242) [pdf, 126 KB]

   ...Geothermal Developments Limited; (b) Ms Adlam and Geothermal Developments Limited have sought orders for security for costs against the Otonga Whānau Trust; (c) The Otonga Whānau Trust brings application as a beneficial owner and may have limited resources to provide security for costs; 59 Waiariki MB 245 (d) There is already an order for security for costs in the sum of $60,385.00 in favour of Ms Adlam and Geothermal Developments Limited so far as it relates to the trusts...

7. Auckland Standards Committee v Davidson [2013] NZLCDT 14 [pdf, 69 KB]

   ...of references from leaders of the community. This included leaders of the Judiciary, the Bar, the church and business, as well as from those persons in charitable organisations to which Mr Davidson has devoted an enormous amount of his time and resources. [13] We accept the submission that the practitioner “... has given a lifetime of service to the legal profession both in terms of his practise and in the governance of the profession”. His counsel points out that his charit...

8. Wayfinding-for-Civil-Justice-English.pdf [pdf, 1.4 MB]

   ...be achieved through an overarching shared strategy to guide our way to improved access to civil justice.4 There are limited funds available in Aotearoa New Zealand to address its access to civil justice problems. Wayfinding is about using what resources we do have as strategically as possible. It is also about providing clear signals to funders of access to civil justice mahi (government and non- government) about what work is ongoing, where the gaps are, and where co-ordination can be...

9. [2023] NZEnvC 109 Health New Zealand v KiwiRail Holdings Limited [pdf, 897 KB]

   Health New Zealand - Te Whatu Ora v KiwiRail Holdings Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 109 IN THE MATTER OF an appeal under section 174 of the Resource Management Act 1991 BETWEEN HEALTH NEW ZEALAND - TE WHATU ORA (ENV-2022-AKL-000120) Appellant AND KIWIRAIL HOLDINGS LIMITED Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the...

10. [2019] NZEnvC 123 Schwartfeger v Northland Regional Council [pdf, 2.5 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC l 2. 3 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act J K & H E SCHWARTFEGER (ENV-2018-AKL-000390) Appellants NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith sitting alone pursuant to s279 of the Act and s285 Submissions: J K and H E Schwartfeger for themselves M G Conway and S K Lenin for Northland...