Search Results

1. Cooper v Corrections [2019] NZHRRT 23 [pdf, 201 KB]

   ...monitor offenders during the working day. Without such contact, a community-based sentence would not be supported. [38] In R v Willing (1997) 15 CRNZ 340 (CA), the Court of Appeal considered the exception in Principle 11(e)(iv). The Court endorsed a statement made by Hammond J in R v Parsons (1995) 2 HRNZ 166 (HC), that the purpose of the exception in Principle 11(e)(iv), is intended to ensure that law enforcement is not thwarted by the provisions of the Privacy Act. [39] The issu...

2. LCRO 166/2018 KZ v AB (16 July 2019) [pdf, 150 KB]

   ...8 The judgment related to the expression as it appeared in s 151 of the Law Practitioners Act 1982, which was repealed by the Lawyers and Conveyancers Act 2006. 9 Time in this case ran over the Christmas period, whereas the time for filing a statement of defence in the court was suspended. 7 Richardson J • “… the serious risk of prejudice yardstick” as applied by the High Court “puts the statutory test too high”. • “… in the public interest, the expression...

3. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   ...is poorly pleaded or presented. • Where it becomes apparent that a party has failed to explore the possibility of settlement when a compromise could reasonably have been expected. • Where a party takes a technical or unmeritorious point or defence, and fails. • Where the proceeding could have been more appropriately conducted in the District Court. [37] Over the course of years the Bielby factors have come to be applied not just in determining whether elevated costs should b...

4. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...unnecessarily lengthen the hearing. ( d) Where it becomes apparent that a party has failed to explore the possibility of settlement where compromise could have been reasonably expected. (e) Where a party takes a technical or unmeritorious point of defence. The applications for costs13 [11] Applications for costs were filed by the Council and KPBL against the appellants Mr Walden and SKP. The applications for costs against Mr Walden have 11 DFC NZ Limited v Biel!y [1991] 1 NZLR 5...

5. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...that the trustees had applied for and had been granted a Beddoe order. Citing this Court’s decision in Rātima v Sullivan & Ors, counsel emphasised the need for such an application if the trustees are seeking to be indemnified for their defence from the trust.7 Respondents’ submissions [26] Mr Hope argued that the trustees were complying with their duties and obligations set out in the trust order and in terms of trust law principles generally. As foreshadowed, they had...

6. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...to the same extent as if the representation were a term of the contract that has been breached. This means that the rule of Caveat Emptor has no application where there has been a misrepresentation under s35(1)(a) of the CCLA. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation turns out to be incorrect and induces the party relying on it to enter into the contract, it is a misrepresentation...

7. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...to worry about the legal fees”. UI does state “your legal costs will form part of your reasonable expenses, which form the basis for your spousal maintenance claim – so you will be claiming these back from him”. UI submitted that this statement reflects “settled law”. BW has the burden of proof. BW has not provided any evidence that UI’s advice is inaccurate, or incomplete, or misleading. c. UI did not recall a discussion with BW about the possibility of her ex-hus...

8. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...abuse of him, by calling him “worse than pig or dog”, was also a breach that caused him to start looking for another job. He says this is a significant insult in Chinese culture and it upset him deeply. [35] While Mr Chi denies making such a statement, it was about this time that Mr Ling started to look for alternative employment. Given that it was just over a month from starting a new job in a new country, something occurred to trigger his search for a new role, and I conside...

9. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   VERONICA BYRNE v THE NEW ZEALAND TRANSPORT AGENCY [2019] NZEmpC 187 [13 December 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 187 EMPC 104/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN VERONICA BYRNE Plaintiff AND THE NEW ZEALAND TRANSPORT AGENCY Defendant Hearing: 4 – 6 November 2019

10. [2024] NZEnvC 155 Save the Maitai Inc v Nelson City Council [pdf, 888 KB]

    ...decision as follows: (i) the applicant will file a revised structure plan that identifies the Walters Bluff area as Rural, as a first step; (ii) the planning witnesses will undertake further witness conferencing to provide, by joint witness statement, a tracked change update to the applicant’s closing submission version of provisions, revised and updated to reflect the findings in this decision and stating brief reasons for any differences between the planners on those matte...