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1. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...many exceptions that it could not truly be used as a scale. Nonetheless, experience has shown that many of the Court’s awards have tended to fall within four bands, as follows: (a) no costs, which is normally the position in relation to plan appeals under Schedule 1 to the Act or in cases where some aspect of the public interest counts against any award being made; (b) standard costs, which generally fall between 25 – 33% of the costs actually and reasonably incurred by a suc...

2. Waaka - Succession to Hauriri Kere [2021] Chief Judge's MB 824 (2021 CJ 824) [pdf, 322 KB]

   ...250-267 (2021 CJ 250-267) 4 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 5 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2021 Chief Judge’s MB 835 necessary in the interests of justice to correct its record. For this reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evid...

3. [2022] NZEmpC 164 Zink v Board of Trustees of Southland Boys High School [pdf, 321 KB]

   ...[47] I observe that the Labour Inspector has not been involved in Mr Zink’s case, but as no submission has been made suggesting that this means neither the Authority nor the Court has jurisdiction, I proceed on the same basis as did the Court of Appeal. [48] The next material case is NZ Amalgamated Engineering Printing and Manufacturing Union Inc v SCA Hygiene Australasia Ltd.11 [49] There, the Court found that there was a closedown period which covered 14 days at Christmas, the...

4. Henderson v Nisbet - Karamu GB (Balance) [2024] Chief Judge's MB 156 (2024 CJ 156) [pdf, 316 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [20] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:5 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...

5. [2024] NZEnvC 154 100WPS Trustees Limited v Queenstown Lakes District Council [pdf, 464 KB]

   100WPS Trustee Limited v QLDC – Erratum IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 154 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN 100WPS TRUSTEE LIMITED (ENV-2023-CHC-37) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan – sitting alone under s279 of the Act Last case event: 26 June 2024 Date of...

6. Twomey - Succession to Te Ngahoa Te Whaaro [2023] Chief Judge's MB 587 (2023 CJ 587) [pdf, 301 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [16] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...

7. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

   ...paid for the house, and what the next lowest bidder was prepared to pay”. [58] [Law firm B] referred to matters relating to causation to dispute the possibility of any order for compensation being entertained. They then refer to the Court of Appeal judgment in Roberts v Jules Consultancy Limited (in liquidation).12 In that case, the Court held that “the normal measure of loss in such a case (often termed a “no transaction” case) is the difference between the price paid and th...

8. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...died and that Mr YO and Ms SM were appointed executors of Mrs TM’s will. Nature and scope of review [36] The High Court has described a review by this Office in the following way:15 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

9. Ministry of Justice Annual Report 2020-21 [pdf, 6.4 MB]

   ...We are over 4,000 people working across Aotearoa. We host the Joint Venture Business Unit and are part of the Joint Venture, Family Violence Sexual Violence. We support the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, District Court and Specialist Courts. We also provide support to 28 tribunals in New Zealand. We contract with over 2,000 community-based and non-governmental service providers to support people moving through the just...

10. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

    ...employment”? [33] Whether what Talley’s describes as “seasonal employment” is what is known in employment law as fixed term employment, is a fundamental issue in the case. This issue has not been addressed previously, at least in this Court or on appeal from it, in relation to the fish processing industry. Talley’s claims that the employment of Mrs Turner was of a “seasonal” nature rather than of indefinite duration, but was not “fixed term” employment. It says th...