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1. [2017] NZEmpC 57 McPherson v Carter Holt Harvey [pdf, 81 KB]

   ...will cause to the opposing party must be considered and weighed against any prejudice the applicant will suffer if leave is declined. Ultimately the application must be assessed having regard to the overall interests of justice. As the Court of Appeal has stated in Shanton Apparel Ltd v Thornton Hall Manufacturing Ltd: 2 The parties should have every opportunity to ensure that the real controversy goes to trial so as to secure the just determination of the proceeding. [6] The...

2. [2018] NZEnvC 49 Self Family Trust v Auckland Council (Annexures) [pdf, 3.1 MB]

   , . . ', I 167 Annexures MAP INDEX X Topographical map of appeal area A Site location map B IHP's RUB C AC RUB and Puhinui Precinct Zoning o Coastal Environment E Maori Cultural landscape Puhinui Precinct F Overlays (inc! MANAlHANA) G Puhinui: Precinct Plan 5 sub-precincts H Crater Hill ONF !lISCl~, I~EJII : This map/ plln is n;"mal l~~ M.iV II'IC ~n IflIO'~'il ' on l~ o\:ld ~ i ~ ,~~~,de;>i :I'~e rirr~d OfllJl~ b...

3. [2018] NZEnvC 037 Reuters Construction Limited v Whanganui District Council [pdf, 162 KB]

   ...substantially less than is sought by the Applicant. [9] Ms Mcindoe points to the provisions in the Court's Practice Note 2014 indicating that the Court will not normally award costs against a public body whose decision is the subject of appeal, unless it has failed to perform its duties properly or has' acted unreasonably. She submits that neither of those factors are present, pointing out that the Council sought external legal advice after considering that there may be...

4. Minute of the Court dated 31 August 2018 [pdf, 1.7 MB]

   ...Court's mediators and facilitators of expert conferences. [3] This being a hearing at first instance, the Court needs to have regard to matters set out in s 104 RMA, subject to Part 2 (as now guided by the recent decision of the Court of Appeal in R J Davidson Family Trust v Marlborough District Council [2018] NZCA 316). That does not mean however that it needs to hear from lots of witnesses in person. The Court has been busily engaged in reading all materials lodged with it, a...

5. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...assessments) stipulate that the person must be consulted about who will undertake the assessment, they must be given notice that an assessment is required and be informed of their right to refuse the assessment. Section 64 also provides a right of appeal to the District Court against decisions of the Council. JUSTICE ITEMS 13. The Crown Law Office has considered the proposed amendments to the following pieces of legislation, and advises that there are no inconsistencies with the Bill...

6. Gengalo - Tuapou B8 (2004) 85 Ōpōtiki MB 110 (85 OPO 110 [pdf, 207 KB]

   ...held that section 18(1 )(a)/93 gives this Court the power to make a determination as to entitlement or ownership and to follow that by making an order under the appropriate section of the Act so as to give effect to that determination. (See Re: An Appeal by Ngahuia Tawhai [1998] NZAR 459, 471) What the Maori Land Court should do with such applications is to review and consider the particular circumstances of the case to determine such claims. (See for Minute Book: 85 OPO 112 exa...

7. [2018] NZEmpC 73 Ovation New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc [pdf, 209 KB]

   ...determination as to whether an employer and employee can agree that payment for rest breaks under s 69ZD of the Act is incorporated within piece work rates and, if so, what the parties have agreed on a proper interpretation of the contract. The Court of Appeal’s recent judgment in Lean Meats Oamaru Ltd v New Zealand Meat Workers and Related Trades Union Inc did not address the first of these issues, and the precursor Employment Court judgment touched on it (but did not decide the...

8. Miller v Simon - Ruatanga 1E1C1 (Te Muunu Haimona Trust) (2018) 394 Aotea MB 10 (394 AOT 10) [pdf, 239 KB]

   ...394 Aotea MB 12 [10] Clause 9 of the trust order requires that trustees retire following the expiry of a three-year term of office but are eligible for re-election.2 [11] The leading authority on the appointment of trustees is the Court of Appeal judgment Clarke v Karaitiana.3 I adopt the reasoning of that decision. Discussion [12] On balance, I accept the evidence of those owners who confirm that an election occurred. While there may have been some confusion over the proce...

9. Chapman v Western Bay of Plenty District Council [pdf, 76 KB]

   SUMMARY Case: Chapman v Western Bay of Plenty District Council File No: TRI 2008-101-000100/ DBH 05327 Court: WHT Adjudicator: R Pitchforth Date of Decision: 11 November 2009 Background The claimant pursued his claim for his poorly built monolithically clad house, against: First respondent: Western Bay of Plenty District Council Second respondent: Flora Creative Ltd formerly Landmark Homes Ltd as builders Fifth respondent: Mr Clarke – director of Landmark Sixth

10. Kidd v Grumball [pdf, 76 KB]

    ...TRI-2007-101-22 the Chair of the Weathertight Homes Tribunal said: 6. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: ―Where a final decision has been pronounced by a New Zealand judicial tribunal of competent jurisdiction over the parties to, and the subject-...