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1. BORA Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill [pdf, 293 KB]

   ...freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Footnotes: 1. In applying section 5, we have had regard to the guidelines set out by the Supreme Court in Hansen v R [2007] NZSC 7; the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260, Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada's decisi...

2. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...this oath of allegiance impacted on the appellant’s republican beliefs and was contrary to his rights to freedom of expression, freedom of peaceful assembly, freedom of association, and his equality rights. 6. A majority of the Federal Court of Appeal upheld the lower Court’s striking out of the appellant’s claim. In reaching this conclusion, MacGuigan JA said that the appellant’s rights: "...cannot conceivably be limited by the oath of allegiance, since the taking of the oa...

3. John Thom (dated 30 May 2017) [pdf, 161 KB]

   · , BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV"2016-CHC-47 IN THE MADER of an appeal under section 120 of the Resource Management Act 1991 BETWEEN .. BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN THOM PERSONAL 1. My name is John Thorn; I live at 58 Reser:voir Road, Warrington. I farm a 90ha sheep and beef unit I came to this area as a young child and have lived on this farm for 2·1 years. 2. My lif...

4. [2018] NZEnvC 185 Kawerau District Council v Aquastar Holdings Limited [pdf, 163 KB]

   ...allowing for moneys received under (2) above, if any, recover the costs and expenses of doing so as a debt due from the respondents. REASONS [1] In the Court's substantive decision in this proceeding,1 Aquastar Holding Limited's (Aquastar) appeal against an abatement notice issued to it by the Council was dismissed and enforcement orders generally as sought by the Council against Aquastar were made as follows: B: The Court makes the following enforcement orders under sec...

5. [2018] NZEnvC 215 35 Limited v Auckland Council [pdf, 172 KB]

   ...appropriate.4 [8] The usual manner in which to make a change to a plan is by way of the process set out in Schedule 1 to the RMA. This process requires public notification, submissions and further submissions, hearing of submissions and rights of appeal. Those matters are not required in the exercise of the power under s 292. The Court will accordingly always be concerned to ensure that the exercise of s 292 is within the limits of correcting mistakes and does not extend into making...

6. Burns v Argon Construction Ltd [pdf, 19 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-101-000012 BETWEEN JOHN WILLIAM BOSWELL BURNS, PETER GEOFFREY STUBBS and WILLIAM GRAHAM GEORGE CAMERON CLEARY as Trustees of the FUTURE HOLDINGS FAMILY TRUST Claimant AND ARGON CONSTRUCTION LIMITED First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BERNARD MOHAN Third Respondent AND PAUL BAYER (Removed) Fourth Respondent DECISION ON COSTS Adjudicator: S Pezaro BA

7. Chee v Stareast Investment Ltd [pdf, 23 KB]

   SUMMARY Case: Chee & Anor v Stareast Investment Ltd & Ors File No: TRI 2008-100-000091/ DBH 05577 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 July 2009 Background The claimants brought a claim regarding their leaky home whereby much of the proposed remedial work was to prevent future possible leaks rather than for the low- level damage recorded to date. The Tribunal was therefore required to make determinations regarding the involvement of the following re

8. [2019] NZEmpC 85 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 323 KB]

   ...[6] The Vice-Chancellor submitted that usually costs follow the event and, having been successful, an order in his favour ought to be made.7 His claim for indemnity costs relied on Bradbury v Westpac Banking Corp.8 In that case the Court of Appeal referred to non-exhaustive circumstances in which indemnity costs might be awarded as follows:9 3 Employment Court Practice Directions at 18 <www.employmentcourt.govt.nz/legislation-...

9. Jumpjet Synopsis Submission Strike out Dec 2018 [pdf, 84 KB]

   ...bases its logic on the Cost of the project and further splits the project in two sections frequently referring to a decision making process based around the Cost of RESA construction. 8. Thus, the Annexure A submission, before the Director, appeals for Business Case Costs to be included in the CAA decision-making process and therefore the submission is not admissible to these Court proceedings. 3 9. In terms of “practicality" the published principal ICAO aerodrome sta...

10. [2019] NZEmpC 164 Packwood v ANZ Bank New Zealand Ltd [pdf, 202 KB]

    ...NZEmpC 8 at [276]. 7 Chen v Banclogix Ltd [2012] NZEmpC 28. Analysis [10] Clause 19 of sch 3 of the Employment Relations Act 2000 governs the award of costs in this Court. The principles are well established, as set out in Court of Appeal judgments such as Victoria University of Wellington v Alton-Lee;8 Binnie v Pacific Health Ltd;9 and Health Waikato Ltd v Elmsly.10 [11] The primary principle is that costs follow the event. It is well established that the costs disc...