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1. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...Appellate Court pursuant to r 12(3) of the Court of Appeal (Civil) Rules 2005. The application for a stay was made in relation to two decisions: the decision of the Māori Appellate Court dated 23 February 2011 at 2011 Māori Appellate Court MB 86-101; and the interim injunction order of the Māori Land Court dated 19 August 2011 at 26 Taitokerau MB 267-269. The application requested the above orders be stayed pending the outcome of an appeal to the Court of Appeal....

2. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

   ...AP130/96 6 September 1996 at 12. [99] In doing so the Tribunal has considered the past cases decided by the Licensing Board and referred to by Allan J. [100] The defendant‘s financial circumstances make the imposition of a fine inappropriate. [101] The Tribunal is satisfied that the defendant‘s conduct is a serious breach of s 73(a) particularly if one has regard to s256 of the Crimes Act and the maximum sentences contained therein. [102] The Tribunal is satisfied that the...

3. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...that could have been exercised by the Tribunal. See s 129(6)(b) of the Human Rights Act. In certain circumstances the Judge of the High Court is required to sit with additional members of the High Court appointed from the Panel maintained under s 101 of the Act. See s 126(1). A party dissatisfied with the decision of the High Court may, with leave of the High Court, appeal to the Court of Appeal on a question of law. If leave is refused, special leave can be sought directly from the...

4. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...with Mr McBride that the Court of Appeal addressed that precise issue (in the context of parents/family members assisting ACC claimants) and determined that health itself was insufficient; direct financial cost in doing so was also required. [101] Section 80(2)(b) of the 1982 Act provided: “80 Compensation for pecuniary loss not related to earnings b) Pay to any person, or to the administrator of the person, such compensation as the Corporation thinks fit for any identifiable...

5. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   ...in around gib cove, with bubbling and damage to paint. Silicone around deck end appears okay... [100] The pre-purchase building work does not record that there was any evidence of ongoing damage arising from the deck/wall connection. [101] The original assessor’s report does not identify the north elevation deck as a cause of any damage. The assessor only identifies water entry through the concrete walls and pergola ledgers. He records that the defects he identified h...

6. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...have invested the maturing investments on-call pending delivery of the Court’s judgment. Neither the trust nor Mrs IG could 14 have taken reasonable objection to that course. The funds would have remained secure and earning interest. [101] Although a comment made with the benefit of hindsight, it is apparent that Mr GN recognises the dilemma I have referred to. At the hearing before Mr Hesketh he acknowledged that although he had no intention of depriving Mrs IG of money tha...

7. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...order which I made on 1 September 2017. Also relevant is the provision which provides jurisdiction for the making of non-publication orders which were made on both 12 ALA v ITE, above n 7, at [101]. 13 At [132]. 14 That is, those made on 26 August, 3 September, 18 September and 9 October 2017. 15 I considered and rejected a similar submission in my judgment of 12 April 2017, ALA v ITE, above n 7, at [46]. occasi...

8. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Transport Authority) which is diverted into its network. It also includes the discharges of stormwater from that network to land, groundwater, rivers, streams, lakes and the sea. Consent is sought for a term of 35 years. Application reference 8360310177, DIS 60310177, lodged on 30 October 2017. 3 [4] The application expressly does not cover private stormwater diversions or discharges that do not enter the public network. It does not authorise new structures or operational acti...

9. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...obligations • In addition to the obligations discussed in paragraphs 25 to 35, the Bill provides for other reporting obligations at prescribed times or on the occurrence of prescribed events and otherwise in a prescribed manner. Clauses 100 and 101 require the issuer of a debt security to prepare and provide reports to the supervisor that contain the documents, information, or other material that are required by the regulations or all documents and records relating to the issuer...

10. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

    ...although his accident occurred in 1979. That is as far as I am prepared to take the application of Appleby in his particular case. Costs appeal [41] Mr Greene’s costs award was made after he had considered the accepted criteria under s 101(15) and the applicable case law. I agree in most respects with ACC’s submissions that Mr Winter cannot meet the criteria approved in K v B4 , being that Mr Greene made an error of law or principle, or took into account irrelevant co...