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1. Hohepa v Cassidy - Waima C30A and Waima Topu B (2018) 182 Taitokerau MB 166 (182 TTK 166) [pdf, 337 KB]

   ...Torts in New Zealand, which states damages are recoverable for consequential loss, such as loss of profits or expenses incurred as a result of the trespass, provided it is not too remote.9 This commentary refers to the decision of the Court of Appeal in Mayfair Ltd v Pears.10 [47] In Mayfair, the defendant unlawfully parked his car in a building on the plaintiff’s land. The car caught fire causing damage to the building. The Court held that the defendant was not liable for th...

2. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...Landowners v Auckland Council [2017] NZHC 138 at [116]. 7 Section 293 of the RMA 25 Section 293 of the RMA empowers the Court to direct changes to a proposed plan or plan, which are not otherwise within its jurisdiction due to the scope of the appeal before it. 26 26 Relevantly, section 293 of the RMA provides: 293 Environment Court may order change to proposed policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any proposed...

3. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...should reconsider her claims in their entirety. [52] Section 179(1) of the Act provides that a party who is dissatisfied with a written determination of the Authority may bring a challenge. It is well established that a right of review, including appeal, exists in respect of a consent order.2 The language of s 179(1) does not suggest a challenge could not relate to such an order. [53] Section 179(3) confirms that the party may in doing so seek a full rehearing of the entire mat...

4. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...employment and whether their English language ability satisfied the required threshold. Immigration New Zealand had declined their residence applications on the ground that they did not meet either criteria. On the advice of Ms Tian, all five appealed unsuccessfully to the Immigration and Protection Tribunal (IPT). Decision of the Tribunal [6] In its decision, the Tribunal found that Ms Tian had misunderstood the immigration instructions. She had been wrong to assert that the...

5. [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...

6. 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...

7. [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...

8. 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...

9. [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...

10. 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...