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1. New Zealand Guardian Trust Company Ltd v Bidois – Estate of Nikora Bidois (2007) 305 Rotorua MB 234 (305 ROT 234) [pdf, 2.7 MB]

   ...determination finding that the COUlt had jurisdiction to make a succession . , order affecting the deceased's occupation order. I directed that the application in respect of the occupation order be set down for fmther hearing. [8] Mr Dennett then filed an application on behalf of the sister and brothers ofNikora, namely, Aroha Andrea Bidois (Aroha), Puhi Ihaka Bidois (Puhi) and Tapuraka Peter Bidois (Tapuraka) to constitute a whanau bust for the descendants of their father, Pedr...

2. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   ...:~; ·•} .,. , .r.._~ r •:/, '--- -_,, -'-' ·r ~x;; ..... ------·--· ... :~ ,J ··V/ C'OJ'•'\/ .......... 2 to BW Offshore Singapore Pte. Ltd costs of $110,000.00. B: Under s286, RMA, this order may be filed in the District Court at New Plymouth for enforcement purposes (if necessa1y). REASONS Introduction [1] This proceeding concerns an appeal against abatement notices AN003, AN004, AN00S and AN006 issued by the Environmental Protecti...

3. [2019] NZEmpC 147 Baker v Hauraki Rail Trail Ltd [pdf, 273 KB]

   ...TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 147 EMPC 286/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for leave to file amended statement of claim BETWEEN CAROL BAKER Plaintiff AND HAURAKI RAIL TRAIL LTD First Defendant AND MAURICE BARNETT Second Defendant AND PETER MAYNARD Third Defendant...

4. XN v Ji [2019] NZIACDT 67 (1 October 2019) Sanctions [pdf, 186 KB]

   ...it until it was too late to appeal to the IPT. She lost the opportunity to have her application considered on appeal and accordingly seeks compensation for the fees paid in relation to the appeal. [18] At the request of the Tribunal, Mr Chen filed evidence supporting the claimed expenses on 10 September 2019. An additional expense was also claimed. [19] The following table identifies the items of compensation claimed, together with the amounts for which the complainant has been...

5. GotB Submissions in support of application to strike out - final [pdf, 227 KB]

   ...Court to allow the case to be taken further. 7. There are no fixed categories or circumstances that amount to “abuse of process”. 8. GotB relies on its previous memorandum and submissions (dated 16 March 2018 and 13 April 2018 respectively) filed in advance of WIAL’s last request for an adjournment of its proceedings in respect of the legal position in respect of strike out (attached to these submissions for convenience). In summary, the legal considerations are:1...

6. [2019] NZEnvC 187 Van Tiel v Waikato District Council [pdf, 781 KB]

   ...agreed position in relation to them. [C] Under s 285 of the Act, there is no order as to costs in respect of [A] or [B] above. \'.~:t)// -.,,,. ._.,..,., . ...-" 2 REASONS Introduction [1] These appeals relate to an application filed by Mainland Poultry Limited (MPL) for resource consent to undertake intensive farming, including laying and chicken rearing facilities, at 64 Old Road Orini. [2] The Council granted consent on 30 January 2019. The appellants filed not...

7. [2022] NZEmpC 62 Craighead Diocesan School Board of Proprietors v Thompson [pdf, 250 KB]

   ...one within the meaning of s 174E of the Act, because it did not comply with s 174E(a)(iii) and (iv). [23] For analytical purposes the application also drew attention to s 184 of the Act.23 [24] If the application failed an extension of time to file a statement of defence was sought as an alternative remedy. [25] The application to strike out concentrated on the Authority’s determination not being amenable to a challenge because it had not expressed any conclusions, or made an...

8. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...also advised that deteriorated steering gear made the boat unseaworthy. Mr R considered that the boat was misrepresented to him and was neither of acceptable quality nor fit for purpose. He has spent well over $20,000.00 repairing the boat. Mr R filed a claim seeking compensation of $15,000.00 as a contribution towards these costs. 3. Prior to purchasing the boat, Mr R had viewed a report on the boat written by a boat builder, HT (the Report). Mr R named the vendors, CT Limited (...

9. [2022] NZEmpC 107 JKL v Stirling Andersen Ltd [pdf, 272 KB]

   ...to make non- publication orders in respect of determinations. Clause 10 of sch 2 to the Act states: 10 Power to prohibit publication (1) The Authority may, in respect of any matter, order that all or any part of any evidence given or pleadings filed or the name of any party or witness or other person not be published, and any such order may be subject to such conditions as the Authority thinks fit. [22] This provision does not indicate any temporal limit as to when the power can

10. Van Wey Lovatt v Accident Compensation Corporation (Code of Claimant's Rights) [2024] NZACC 020 [pdf, 221 KB]

    ...exist, or the specialist opinions received didn’t identify a physical injury. Unfortunately, there appeared to be confusion around the need for you to complete a separate ACC6300 for each of the treatment injury claims. It was noted from the file and detailed in the above timeline you had been advised but I reiterate it here. To meet our privacy obligations ACC required your consent to obtain information regarding your claims. Hence the need for you to sign and return an ACC6300...