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1. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...paid for damaged property, otherwise the wrongdoer would escape liability. Manchester places considerable reliance on English case law concerning the assignment of contractural rights. In particular Manchester relies on the English Court of Appeal case Offer-Hoar v Larkstore Limited.3 [30] In Offer-Hoar, a vendor of land assigned his contractural rights arising from an engineering report on the land to the purchaser, five years after selling for full value, and after a landslip...

2. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...requires. It is not for the Court … to enter into a fact finding inquiry, of the kind which would be 5 C v Air Nelson Ltd [2011] ERNZ 207 (EmpC). The approach adopted by the Court was approved on appeal in Air Nelson Ltd v C [2011] NZCA 488, (2011) 8 NZELR 453. required for example, in a criminal proceeding. That is not the purpose of the question which the Court must answer under s 103A of the Act. [49] It would, howev...

3. Hill v Whimp [pdf, 158 KB]

   ...their history of owning and subdividing other land. [45] The law is well settled that those who build owe a duty of care to future owners of those buildings. The leading case is Mt Albert Borough Council v Johnson [1979] 2 NZLR 234 (Court of Appeal). The decision in that case arose from a development company engaging contractors to do the building work on a block of flats. The legal principle has been subsequently applied to the not uncommon situation in New Zealand where an ow...

4. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...employment agreements on the one hand, and rectification on the other. These principles establish what evidence is admissible in each case. Legal framework Interpretation principles [24] In The Malthouse Ltd v Rangatira Ltd,4 the Court of Appeal provided a convenient summary of the correct approach to contractual interpretation, as stated by the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd,5 and Firm PI 1 Ltd v Zurich Australian Insurance Ltd.6 The Court stat...

5. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE :tvIA TTER BET\VEEN AND .AND Decision [2023] NZEnvC 037 of an appeal under s 120 of the Resource Management Act 1991 ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE (ENV-2021-\VLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FARM LIMITED TRADING AS SOUL FRIENDS PET CRE:tvIA TIO NS Applicant Court: Environment Judge BP Dwyer Environment Commissi...

6. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-T ARA Decision No. [2022] NZEnvC 112. IN THE IvIA TIER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) LAND IvIA TIERS LTD (ENV-2019-WLG-000107) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON INTERNATIONAL AIRPORT LTD (ENV-2019-WLG-000117) CENTREPORT LTD AND CENTREPORT PROPERTIES LTD (ENV-2019-W...

7. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 96 ACR 009/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MELISSA RANKIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 and 13 June 2023 Held at: Hamilton/Kirikirioa Appearances: Ms K Koloni for the Appellant S Churstain for the Respondent Judgment:...

8. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   (1) INTERIM ORDER PREVENTING PUBLICATION OF THE PLAINTIFF’S NAME ADDRESS AND ANY OTHER IDENTIFYING PARTICULARS. (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON. DECISION OF TRIBUNAL1 1 This decision is to be cited as Kelly v Tall Poppies Education Limited [2024] NZHRRT 54. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 54 I TE TARAIPIUNARA MANA TANGATA REFERENCE NO. HRRT 051/2022 UNDER THE HUMAN RIGHTS ACT 199

9. LCRO 158/2018 YCH v TSR (30 September 2020) [pdf, 396 KB]

   ...three surviving children were herself, Mr QSR, and Ms BSR. ISR died in 1967. 11 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 10 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

10. Directory of Official Information M-O [pdf, 564 KB]

    ...Zealand • two persons, being officers of the Ministry of Health, one of whom shall be appointment as chairman. Records The documents held are minutes of meetings, a file of correspondence and administrative matters, and files concerning the appeals and objections heard by the Committee. Documents relating to decision-making processes The Medicines Classification Committee uses the Members’ Handbook manuals for administrative purposes. 20 Contact The Secretary...