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1. [2022] NZEnvC 215 Southland District Council v Peter Chartres [pdf, 958 KB]

   SDC v P D CHARTRES & CP TRUSTEES LTD IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 215 IN THE MATTER of the Resource Management Act 1991 AND an application for enforcement orders under s314 and s316 of the Act BETWEEN SOUTHLAND DISTRICT COUNCIL (ENV-2020-CHC-109) Applicant AND PETER DONALD CHARTRES AND CP TRUSTEES LIMITED Respondents Court: Environment Judge P A Steven Environment Commissioner J T Bai...

2. [2018] NZEnvC 006 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 23 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [201 BJ NZEnvC ~ of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWC") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUH...

3. 2017 NZSSAA 027 (16 June 2017) [pdf, 104 KB]

   ...requirement in s 70(1)(b) for the Ministry to deduct any overseas payments that fall within the criteria of that section is consistent with the purpose of the Act which is to provide financial support to people, taking into account that they use the resources available to them before seeking the financial support available under the Act.7 7 Section 1A(c) of the Social Security Act 1964 [17] At the hearing of this appeal Mr XXXX...

4. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...affidavit confirming his ability and/or preparedness to provide this support. [20] On the evidence available, if the whole of the Authority’s determination was paid to Ms Kaur, and spent, she would not have the ability to repay it from resources immediately available such as her savings. Repayment would require assistance from her family which may, or may not, be readily available. [21] This assessment factor points towards granting a stay. Is the challenge pursu...

5. Hamilton-Hutt-Valley-District-Courts-CPIP-Pilot.pdf [pdf, 266 KB]

   ...bring more cohesion and timeliness when accumulated across the different stages. The changes will give judges and participants more information earlier on in the process, resulting in fewer but more meaningful court events, while court time and resources – and those of all participants - are less likely to be wasted through unnecessary adjournments and delay. Watch this video to learn more about our journey to date for the programme. A second video, detailing our testing phase wil...

6. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 27 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN KUMEU PROPERTY LIMITED (ENV-2017-AKL-44) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Hearing: Auckland, 12-16 February 2018, site visit 21 February Appearances: RE Bartlett QC for Kumeu Property Limited (the Appl...

7. Rameka v Hall - Opepe Farm Trust [2012] Māori Appellate Court MB 167 (2012 APPEAL 167) [pdf, 134 KB]

   ...Appellate Court MB 173 [14] It appears to us that the whole course of this litigation, including the appeal to this Court, is part of a wider canvas of issues the Trust has been grappling with involving iwi influence over trustees, and use of trust resources to benefit a wider pool than the beneficial owners. In our view these considerations undoubtedly influenced the appellants’ decision to appeal, and the manner in which the appeal was pursued. [15] The respondent was almo...

8. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...[24] At the hearing Mr Houghton stated that he did not have the appropriate qualifications or trade skills to take responsibility for the remediation of the Austins’ roof and that the design and detailing of remedial work was beyond the resources of himself and Ikotec. 7 [25] Mr Houghton’s acceptance of a number of phone calls from Mr Austin between 2001 and 2004 does not create the requisite proximity. Neither does the sending out of General Manukau on one occa...

9. [2019] NZSAAA 1 (4 February 2019) [pdf, 417 KB]

   ...the sense that all her financial support came through them, all her expenses, including board, clothing, travel and school expenses were paid for by the Ministry. At no stage did the Ms take on any financial responsibility for her out of their own resources. [8] When the appellant turned 17 this situation basically continued, although Mr and Mrs M ceased to be formally contracted as caregivers and the custody order in favour of the Ministry lapsed. She continued to live with them as...

10. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

    ...daily rate. [18] The Court’s main concern relates to Mr Kellerman’s financial circumstances. The Authority Member concluded on this point that she was not satisfied he is impecunious; and that there is evidence he has alternative financial resources and property that he owns. Accepting that this may be so, the further evidence which has been placed before the Court is that Mr Kellerman has not had employment since his dismissal by Stoneware and that he is financially stressed....