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1. E89 Grant Calder - Event Management - RE – Applicant [pdf, 3.9 MB]

   31074303_3.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDE...

2. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...Ray White New Zealand. [18] The Committee also seeks an order requiring Mr Sharma to pay at least 50 per cent of the Committee’s costs. While he did accept the charge eventually, it did not result in significant savings of the Committee’s resources. The Committee provided a schedule of legal costs amounting to $34,955.50, excluding GST and disbursements. The costs sought, at 50 per cent, are $17,477.75. [19] There are further submissions from Mr McMullan (17 January 2023)...

3. [2017] NZEnvC 022 J Lenihan & Others v Auckland Council [pdf, 314 KB]

   ...Panel on the proposed Auckland Unitary Plan J LENIHAN THE PUHOI COMMUNITY FORUM INCORPORATED B FRIZZELL WT COLGAN, B STEPHENS, S GAVIN and MWECK Proposed Appellants AUCKLAND COUNCIL Proposed Respondent In Chambers: - under s279 of the Resource Management Act 1991 DECISION - PRELIMINARY JURISDICTION ISSUES . 0 ." u 2011 Decision issued: Z '" I:. D Introduction [1] The issue to be resolved in this preliminary application by the Auckland Council is wheth...

4. [2024] NZEmpC 88 Henderson Travels Ltd v Kaur [pdf, 232 KB]

   ...explain the contingency contemplated by that statement but, in the context of the application, he could only have been referring to Henderson Travels being unsuccessful in its challenge. [25] Mr Sikri bolstered his reliance on the financial resources of Flight Experts by exhibiting to his affidavit bank statements from that company showing positive cashflow and credit balances. [26] Mrs Sikri, who was Henderson Travels’ only director at the time of the hearing, also sw...

5. Appointments-Ministers-Arms-Advisory-Group_FINAL.pdf [pdf, 1.3 MB]

   ...responsible Minister you make appointments and receive advice 19. As the Minister responsible for the Act, you appoint the chairperson and members and receive advice from the MAAG. 20. As the agency administering the Act, we provide the necessary resources and administrative support to enable the group to perform its functions. As part of this, we provide you with advice on appointments and facilitate interactions between yourself and the MAAG, including providing their formal advice....

6. De Heer v CAC 302 & Bernard [2016] NZREADT 33 [pdf, 140 KB]

   ...complicated. Mr Wotherspoon should have assisted Mr de Heer with this. The title is 5 subject to a drainage easement, a sewage right (x 3), various right of ways, a pedestrian right of way and gross drainage easements, various consents under the Resource Management Act which affect the land, a land covenant (which will affect the use of the property could be put), rights to take water sewage and to convey water, gas, electricity, telecommunications, computer media across the la...

7. Water Services Entities Bill [pdf, 187 KB]

   ...31. We are of the view that these clauses distinguish and grant differential treatment to Māori on these matters. However, to the extent that the distinctions and differential treatment reflect the status of Māori as kaitiaki of land and natural resources in the respective rōhe in which the water service entities are based, we do not consider that there is any other comparable group who may be materially disadvantaged. 32. Regarding cls 38 and 57, the requirements that members of the...

8. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...[44] There is a broader consideration, however, about whether it would be in the interests of justice to order security for costs.28 An order is usually accompanied by a stay until security is paid or otherwise provided. Given REA’s limited resources the reality is that an order is unlikely to be complied with and the resulting stay will effectively end this litigation. [45] An order having the effect of stopping the litigation in its tracks has obvious consequences for the uni...

9. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...letter to the principal in April 2021. [28] Mr Harrison submitted that the school would be prejudiced by allowing leave to be granted. He said defending bullying allegations said to have occurred three years ago would require significant school resources which are already strained. He submitted it would likely be difficult to locate and/or recall evidence from existing and former staff pertaining to a 2020 claim that WBHS was not notified of until 2021. [29] However, Mr Harris...

10. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [pdf, 160 KB]

    ...imposition of strike-off. [37] On the question of costs, Mr Collins response was that Mr Hong had not established impecuniosity. He said that the evidence before the Tribunal has shown that Mr Hong had previously made loans and had free flowing resources. He submitted that the costs sought were not excessive given the complexity of the matter before the Tribunal and that Mr Hong had not advanced “some other reason” why the costs should be reduced.