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1. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...The evidence establishes the contract with TQ was for labour only. [38] The Tribunal has found that both the first and third respondents were the developers of this property. In Mount Albert Borough Council v Johnson6 at [241], the Court of Appeal held that a developer had an absolute duty which is non-delegable. Cooke J stated that a development company has a duty to see that proper care and skill are exercised in the building of houses and that it cannot be avoided by del...

2. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...to Government agencies, noting the Law Commission consulted extensively in developing its recommendations. Feedback from the defence bar about these changes again reflects concerns about the potential erosion of fair trial rights, and the risk of appeals and re- trials undermining the expected benefits to complainants. Financial implications 94. Agencies have advised they will be unable to absorb the costs of implementing my recommended overall package of proposals from within baseline...

3. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...to Government agencies, noting the Law Commission consulted extensively in developing its recommendations. Feedback from the defence bar about these changes again reflects concerns about the potential erosion of fair trial rights, and the risk of appeals and re- trials undermining the expected benefits to complainants. Financial implications 94. Agencies have advised they will be unable to absorb the costs of implementing my recommended overall package of proposals from within baseline...

4. [2022] NZEnvC 106 Guardians of the Bays Inc v Wellington International Airport Ltd [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 106 IN THE MA TIER of appeals under s 17 4 of the Resource Management Act 1991 BETWEEN GUARDIANS OF THE BAYS INC (ENV-2021-WLG-000035 & 37) INTERNATIONAL CLIMATE-SAFE TRAVEL INSTITUTE AND (ENV-2021-WLG-000036) Appellants WELLINGTON INTERNATIONAL AIRPORT LTD Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Heari...

5. [2024] NZEnvC 296 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 1.2 MB]

   ...as to costs on settling the final wording. The costs application regarding the substantive hearing will be addressed by a separate decision. REASONS Introduction [1] Eden Epsom Residential Protection Society Incorporated (the Society) appealed against a decision of a majority of independent Council Commissioners approving Proposed Private Plan Change 21 (PPC21) to the Auckland Unitary Plan (operative in part) (AUP). PPC21 was to enable expansion and intensification of deve...

6. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...exceptions) Electrical etc IUOW v Remtron Lighting Ltd (in rec) [1990] 1 NZILR 583; (1990) 3 NZERLC 98,141, this Court followed the judgment in Marr v Arabco Traders Ltd (No 8) unreported, Tompkins J, 12 March 1987, HC Auckland A1195/77 affirmed on appeal in Elders Pastoral Ltd v Marr (1987) 2 PRNZ 383 (CA). Leave to amend proceedings at a late stage of them is a discretionary decision based on whether such an amendment is necessary to determine the real controversy between the parties...

7. [2009] NZEmpC AC 34A/09 NZ Dairy Workers Union v Open Country Cheese Company Ltd [pdf, 37 KB]

   ...[22] The lockout notice relates not to bargaining for a collective agreement which will bind each of the employees concerned, but its nature is to compel the members of the Union to enter into individual employment agreements. [23] The Court of Appeal considered the provisions of s83 in Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc2. The Court found at para 39: For there to be a lawful lockout the employee’s demand under s82(1)(b) must be lin...

8. [2015] NZEmpC 182 Juahm Industries Co Ltd v Isnanto [pdf, 103 KB]

   ...a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. [13] These provisions have been considered on several occasions. In Employment Relations Authority v Rawlings the Court of Appeal stated: 5 We are satisfied that s 179(5) and 184(1A) are intended to prevent challenge or review processes disrupting unfinished Authority investigations. But once the investigation is over and a determination has been made, there i...

9. Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) (2013) 307 Aotea MB 117 (307 AOT 117) [pdf, 123 KB]

   ...this Court have regularly canvassed the issues of appointments and the role of trustees to Māori reservations. Leading decisions are Perenara v Pryor – Matatā 930,3 and Marino – Repongaere 4G (Part) – Rongopai Marae,4 [30] The Court of Appeal decision in Clarke v Karaitiana and I adopt the reasoning set out in those decisions. 5 [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...

10. Wairua - Maungaroa No.1 Section 2B Block (2014) 103 Waiariki MB 133 (103 WAR 133) [pdf, 205 KB]

    ...made, or to which that person is entitled to succeed, justifies the occupation order.] [11] In Sione - Te Hapua 247 the Māori Appellate Court held that s 328 facilitates land utilisation by provision of a house site. That Court was considering an appeal from a refusal to grant an occupation order on the grounds that the applicant had insufficient shares to support the area she sought as the site for her house. That is not an issue in this case, but I note the broad principles that...