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1. Tamati v Hond - Paora Aneti 17 & 18 (2022) 446 Aotea MB 184 (446 AOT 184) [pdf, 252 KB]

   ...application. Whakataunga Outcome [3] I grant the interim injunction for the reasons and on the terms set out below. Kōrero whānui me te hātepe ture o te tono nei Background and Procedural history [4] A letter dated 11 March 2022 was filed by Aroaro Tamati with the support of 13 other beneficiaries, setting out the reasons for the injunction sought (“the letter”). The letter provides: We as beneficiaries of Paora Āneti 17 & 18 and uri of Ngā Māhanga request...

2. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

   ...on 6 May 2022 to address the discharge of human sewage from his property situated at 1010 Weston-Ngapara Road, Elderslie (‘the Site’). The application was granted on the same day,1 although the orders were not complied with. [3] The Council filed a further application pursuant to s315(2) seeking an order allowing the Council to comply with the interim enforcement orders on Mr Armishaw’s behalf due to his non-compliance.2 That application under s315(2) was granted on 7 June 2...

3. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...off against each other. 1 VMR v Civil Aviation Authority [2022] NZEmpC 5, [2022] ERNZ 22. 2 VMR v Aviation Security Service Division, Civil Aviation Authority [2022] NZEmpC 127, [2022] ERNZ 512. [5] After a formal application was filed by the AVOs in respect of the removal matter, AvSec submitted that the amount it was seeking for the purposes of the reinstatement challenge exceeded the amount the AVOs were seeking for the purposes of the removal application. It wa...

4. [2024] NZEnvC 177 Connor-Kingi v Whangarei District Council [pdf, 278 KB]

   ...substitution in these circumstances is to open the door to others to bypass the processes of the RMA that 12 circumscribe the way in which interested parties can involve themselves in resource consenting processes. [36] While the time for filing a s 274 notice has expired, the Court is prepared to entertain a waiver application from Protect Onoke Incorporated provided a notice under s 274 is filed and served within seven days. The progress of this matter to its September...

5. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

   ...had instructions to challenge the determination and apply for a stay of execution. Magnum sought Mr Parker’s agreement to the stay on the basis that the funds would be paid into court. There was no agreement. [5] On 7 March 2024, Mr Parker filed an application in the Authority for a compliance order on the basis that the Authority’s awards remained unpaid. On 13 March 2024, Magnum and Mr Field filed a de novo challenge to the determination of the Authority, an application...

6. QB v T Ltd [2024] NZDT 243 (26 March 2024) [pdf, 241 KB]

   ...reduce the elements in the package but says that T Ltd misrepresented the price reductions she would receive. Eventually QB indicated she would like to cancel the contract and receive her deposit back. T Ltd did not agree to return the deposit. QB has filed a claim seeking the return of her deposit and an additional $2,017.00 of general damages. 2. In December 2023, in an effort to resolve the dispute between the parties T Ltd offered to refund half of QB’s deposit. QB did not respon...

7. The age of physical abuse victims and the sentence imposed on their abusers [pdf, 50 KB]

   ...researchers undertook a small project to compare the sentences imposed on offenders charged with physical assault with reference to the age of their victims1. The research is based on data extracted from the Law Enforcement System (LES) and from court files for charges involving physical (non-sexual) assaults that were finalised in 1999. 2 Method Permission was sought from the Department for Courts to undertake a search of files based in four court locations around New Zealand. These were t...

8. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN BRENDON RICHARD BOOTH Plaintiff AND BIG KAHUNA HOLDINGS LIMITED Defendant Hearing: On the papers filed on 9 September and 24 September 2014 Appearances: P Swarbrick and T Oldfield, counsel for plaintiff J Golightly, counsel for defendant Judgment: 8 January 2015 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] I...

9. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...establish the charge on the balance of probabilities. However as the Supreme Court said in Z v CAC [2008] NZSC 55 the Tribunal needs to be satisfied that there is more evidence for more serious allegations. [11] The Complaints Assessment Committee filed all of its evidence in respect of both charges prior to the hearing. The Tribunal had an opportunity of reading these papers before the hearing. At the commencement of the hearing the Tribunal advised Mr Kumandan that the Complaints...

10. BF v CV LCRO 271 / 2012 (6 September 2013) [pdf, 130 KB]

    ...retained); He did not believe that the 29 June email came from the father, and his time sheet recorded “receive email ([Mr BG])” rather than “receive email from [Mr BG]”; He denied that there was a protracted handover of the relevant files; the pre-conditions to this occurring were appropriate authorities (which were 10 Above n8. 11 Letter from Mr CV to LCRO (6 November 2012). 7 delayed by the new lawyers) and...