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1. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

   ...follow a successful outcome. It is essential that the costs sought are in relation to the Environment Court proceeding. [17] As for the amount or quantum of costs awarded, while the Environment Court has declined to set a scale of costs, for consent appeals (at least), costs ordered have tended to fall within three bands. Justice Heath in Thurlow Consulting Engineers & Surveyors Ltd v Auckland Counci/10 noted these bands are not dissimilar to the standard, increased and indemnit...

2. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [pdf, 370 KB]

   ...egregious” to warrant forfeiture of the protections otherwise afforded by the LSA: Checkmate Precision Cutting Tools Ltd v Tomo.2 [11] In that decision, (now) Chief Judge Inglis referred, first, to Laverty v Para Franchising Ltd, where the Court of Appeal observed that:3 For circumstances to qualify as exceptional, however, they have to be “quite out of the ordinary”. [12] Reference was also made to Johns v Johns & Holloway, where Asher J stated:4 The word “exceptional...

3. Tucker v Real Estate Agents Authority (Application for Closed Hearing) [2019] NZHRRT 49 [PDF, 287 KB]

   ...disgraceful conduct made by the Real Estate Agents Disciplinary Tribunal in Real Estate Agents Authority v Tucker [2016] NZREADT 65 and Complaints Assessment Committees 301 and 403 v Tucker [2017] NZREADT 4. That decision was upheld by the High Court on appeal. See Tucker v Real Estate Agents Authority [2017] NZHC 1894. Dr Codyre’s evidence about the past impact of these cases on Mr Tucker’s mental health appears to be based on a self-report from Mr Tucker during a single consultat...

4. [2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd [pdf, 222 KB]

   ...Greymouth Petroleum, above n 3, at [21]. [21] Beyond the formal court record, access to the Court’s file by a non-party is only likely to be permitted where what is being pursued is for a recognised and legitimate purpose.14 The Court of Appeal in Greymouth Petroleum Holdings Ltd v Empresa Nacional Del Petróleo commented that the purpose of obtaining documents to assist, or to potentially assist, other litigation is legitimate but only if there is a point to the exercise...

5. Arms (Firearms Prohibition Orders) Amendment Bill (No 2) [pdf, 187 KB]

   ...House of Representatives - 2020 a. the need for the Commissioner to be of the opinion that it is necessary, in the public interest, to make a FPO; b. that the Commissioner is not able to delegate the ability to make a FPO; c. the ability to appeal the Commissioner’s decision to the District Court under s 62 of the principal Act; and d. that FPOs are revocable at any time. 21. Conversely, there are factors that suggest the impairment on the right of freedom of association is...

6. The Intersecting Lines - Business interests and personal autonomy [pdf, 335 KB]

   ...his subsequent dismissal was unfair. The tribunal dismissed his claim that the dismissal was unfair, finding the use of surveillance to be justified and proportionate in its degree of interference with the claimant’s rights. The Employment Appeal Tribunal (UK) upheld that finding. It is clearly desirable to make clear what the employer’s intentions are in relation to any activity which may be said to intrude into an employee’s personal space. It is, however, unlikely that...

7. Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) [pdf, 226 KB]

   ...unreasonable for trust beneficiaries to have included in the trust deed reference to robust and transparent accountability mechanisms. For example, while it 7 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265). See also Nikora v Tūhoe-Te Uru Taumatua [2020] Māori Appellate Court MB 248 (2020 APPEAL 248) 263 Waiariki MB 76 is not mandatory, it is often a useful check to have included in the trust deed provision for the...

8. Compensation Guidelines for Wrongful Conviction and Detention [pdf, 97 KB]

   ...incurred by the applicant in pursuing the application for compensation. 14 A person is wrongly convicted of an offence if: a The person received a free pardon in respect of the offence; b The person’s conviction was quashed or set aside by an appeal court or the trial court, and no retrial or further hearing was ordered; c The person’s conviction was otherwise quashed or set aside and no further proceedings can be brought against the person in respect of the offence. 15 Para...

9. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

   ...which the consumers likely to put them: (c) the length of time for which it is reasonable for them to be used: (d) the amount of use to which it is reasonable for them to be put before the defect become apparent. [25] Tower points to the Court of Appeal case of Nesbit 6for guidance about how to interpret this standard. The Court of Appeal sets out 6 principles to consider: 5 E v IAG [2021] 2019-0013 at [194]. 6 Nesbit v Porter [2000] 2 NZLR 465 (CA) 6 (a) the consumer’s...

10. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

    ...impecunious litigant can embark on lengthy, and doomed, proceedings free from the spectre of a significant, or any, costs liability. … [23] Having made that comment the Court drew a contrast with policy considerations identified by the Court of Appeal in Victoria University of Wellington v Alton-Lee.19 The Court of Appeal said that litigation is expensive, time-consuming and distracting and the requirement that a losing party not only pays his or her costs but also makes a con...