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1. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...discovered, the value of the property is unaffected and the cause of action has not accrued. In the leading judgment Tipping J refers to Hamlin and says: Hamlin’s case [39] The best starting point lies with the decisions of the Court of Appeal and the Privy Council in the Hamlin litigation, which concerned latent damage to buildings.21 In his judgment in the Court of Appeal in that case, McKay J said:22 Page 26 “The ordinary time limit for an action in contract...

2. Smith v Wellington City Council [pdf, 146 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

3. Tata v Katipa - Waiwhakaata 3E4C Lot 2A [2018] 170 Waikato Maniapoto MB 123 (170 WMN 123) [pdf, 692 KB]

   ...application for non-party discovery against ANZ. The active respondents opposed the application. ANZ did not respond. On 19 May 2016, I issued a written decision granting that order.22 [23] On 27 May 2016, the active respondents sought leave to appeal against that decision. On 4 July 2016, I issued a minute raising whether that decision was a provisional or preliminary determination within the meaning of s 59 of the Act, and whether I was able to grant leave to appeal.23 The a...

4. LCRO 122/2020 G & P LN v Todd Whitcombe and RC findings & publication decisions (4 May 2021 & 22 June 2021) [pdf, 397 KB]

   ...nature and scope of a review have been discussed by the High Court in several judgments, in which it has said of the process of review under the Act: … 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 t...

5. Proactive-Release_Bail-Electronic-Monitoring-Amendment-Act-2025.pdf [pdf, 2.6 MB]

   ...4 5 This situation was brought to the attention of the judiciary and judicial practice has started to shift in response. This has resulted in a variety of absence conditions being imposed, adding complexity to the system and several appeals. 6 This is because of the size of the EM bail population and the volume of their absences. Corrections currently manages over 2,000 defendants on EM bail and approves on average 30,000 absences per month. Other negative consequen...

6. [2024] NZEnvC 162 Te Kauri Marae Trust v Waikato District Council [pdf, 2.2 MB]

   Te Kauri Marae Trust v Waikato District Council & Waikato Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 162 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE KAURI MARAE TRUST (ENV-2023-AKL-000052) Appellant AND WAIKATO DISTRICT COUNCIL First Respondent AND WAIKATO REGIONAL COUNCIL Second Respondent AND GLEESON MANAGED FILL LIMITED Applicant...

7. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   ...would be taken into account yet Mr Sutherland thought Mr Harris had said nothing he needed to consider. As Mr Sutherland said in his evidence, he had “tunnel vision”. [79] In his submissions, Mr James relied on the decision of the Court of Appeal in Coutts Cars Ltd v Baguley [2001] ERNZ 660. He submitted that the level of consultation in this case was much greater than in Baguley’s case and, by implication, sought to persuade me that this rendered the employer’s conduct in...

8. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...was unsuitable for living in due to its weathertightness defects. Since then the claimants had the subject property rented out. At the hearing the claimants reduced their claim for general damages to $15,000.00 in total. [42] The Court of Appeal in its recent decisions in Sunset Terraces4 and Byron Avenue5 have settled the quantum in relation to general damages for leaky homes whereby the appropriate sum to award owners who do not occupy the dwelling the total amount of $15...

9. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...responsibility” and concluded that any assessment of contributory negligence turns on the relative blameworthiness and the causal potency of the alleged negligence by the claimant. In O’Hagan v Body Corporate 189855 (Byron Avenue)9 the Court of Appeal concluded that a failure to obtain a LIM may amount to contributory negligence and warrant a 5 Hartley v Balemi HC Auckland, CIV-2006-404-2589, 29 March 2007 at [100] - [1...

10. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

    ...imposition of a duty of care. [77] The effect of incorporation of a company is that the acts of its directors are usually identified with the company and do not necessarily give rise to personal liability.7 However, as noted by Wylie J in the appeal decision in Chee v Stareast Investment Limited,8 the concept of limited liability whilst relevant is not decisive. In particular, limited liability is not intended to provide company directors with a general immunity from tortious...