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1. Privacy

   ...to do something, or stop doing something. Decisions on access requests: The Commissioner will make binding decisions on complaints about access to information, rather than the Human Rights Review Tribunal.  The Commissioner’s decisions can be appealed to the Tribunal. Strengthening cross-border protections: New Zealand agencies will have to take reasonable steps to ensure that personal information sent overseas is protected by comparable privacy standards. The Act also clarifies that whe...

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   2. Key initiatives >
   3. Key initiatives archive

2. ENV-2020-AKL-000100

   Appeal ENV-2020-AKL-000100 Waikato and Waipa River Iwi v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited Dairy NZ Limited Director-General of Conservation Federated Farmers of New Zealand Fonterra Co-operative Group Limited G Pinnell Graeme Gleeson Horticulture New Zealand Matamata-Piako District Council Miraka Limited OJI Fibre Solutions NZ Limited Potatoes NZ Incorporated Pukekohe Vegetable Growers Association Royal Forest a...

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   1. Environment Court >
   2. Environment Court cases online >
   3. Waikato Regional Council Plan Change 1

3. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...balance of convenience favours the granting of the injunction; (e) That the overall justice of the case favours the granting of the injunction. 7 Was the restraint reasonable? [22] Mr Gallie advised that the defendant does not intend to cross-appeal but will wish at the substantive investigation to contend strongly that the restraint was unreasonable and therefore unenforceable. For present interim purposes however, he accepted that the plaintiff had established as a serious...

4. [2011] NZEmpC 161 Rush Security Services Limited v Coverdale [pdf, 147 KB]

   ...room. [32] In terms of the legal position, Ms Rush submitted that the decisions the plaintiff made were made honestly and that any adverse effect on employment was not foreseen. Ms Rush relied upon and cited various passages from the Court of Appeal’s judgment in Auckland City Council v New Zealand Public Service Association Inc. 11 In reliance on a statement made at [25] of the Auckland City Council judgment, Ms Rush submitted: The Plaintiff cannot be reasonably required...

5. [2011] NZEmpC 31 Ravnjak v Wellington International Airport Ltd [pdf, 262 KB]

   ...rapid technological development of which the general field of photography, both still and moving, is a prime example. [27] As Mr McBride submitted, courts take account of these realities. In Frucor Beverages Ltd v Rio Beverages Ltd 2 the Court of Appeal noted: … the Court should strive to arrive at a meaning which gives effect to [Parliament’s] intention. The principles of interpretation which assist the Courts in that exercise are well established. They reflect commonsense...

6. Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225) [pdf, 323 KB]

   ...decision would issue in due course concerning the validity of Mr Koopu’s resignation and the issues arising from that event. As foreshadowed, I issued my decision on Mr Koopu’s resignation on 12 March 2014. 3 That judgment was not subject to appeal or review. [7] On 2 May 2014 a further hearing was held and it was greed that a special general meeting of shareholders would be convened on 21 June 2014. 4 The meeting was to be overseen by an independent facilitator. 5 I then b...

7. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

   ...under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. 36 Takitimu MB 194 [29] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where it was said: 17 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In...

8. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...Court to consider whether there is an arguable defence to a plaintiff’s claim, sufficient to resist an application for summary judgment, before ordering a stay of proceedings. [50] The Supreme Court considered the approach taken by the Court of Appeal in its consideration of the word “finds”. The Court of Appeal had found that “finds” indicates that Parliament contemplated a judicial inquiry, which would normally involve affidavit evidence and legal submissions as to the...

9. Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) [pdf, 248 KB]

   ...Roston Farm, over which access was sought. 6 [6] The Tribunal noted that pursuant to s 7(1)(c) of the Treaty of Waitangi Act 1975, there was a discretion not to inquire further into a claim if there is an alternative “adequate remedy or right of appeal” which it would be reasonable for the claimant to pursue. 7 The Tribunal further noted that s 326B of TTWMA had been newly amended to provide that “owners of land-locked land may apply at any time to the Court for an order.” 8...

10. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

    ...Law of Contract in New Zealand (2nd Edition) at 14.3.1. [31] A voluntary transaction is treated differently. It need not be shown that the other party knew of the person’s mental incapacity. In Scott v Wise [1986] 2 NZLR 484 the Court of Appeal ruled that voluntary transactions will be avoided at the instance of the donor or his representative once lack of capacity is established unless there is some equitable defence (page 493). In Dark v Boock [1991] 1 NZLR 496 the High Cou...