Search Results

1. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...freely reported as part of the overriding principle of access to justice. Documents produced in court are available for inspection. The High Court Rules recognise that outside of that hearing process, and for a brief period afterwards covering the appeal period, persons other than the parties need permission to inspect documents held on a court file. As referred to in Eden Group Ltd v Jackson, 2 the 2 Eden Group Ltd v Jackson [20...

2. Wall v Fairfax New Zealand Ltd (Costs) [2017] NZHRRT 28 [pdf, 216 KB]

   ...Tribunal. The facts in Haydock v Gilligan Sheppard HC Auckland CIV2007- 404-2929, 11 September 2008 are illustrative. The Tribunal (as then constituted) awarded costs of $12,500 against the unsuccessful plaintiff (Ms Haydock). On her unsuccessful appeal to the High Court she was ordered to pay a further $7,500. She is recorded at [45] of the decision as stating that her financial position was parlous and that she intended declaring herself bankrupt. A case of public importance [10]...

3. [2017] NZEmpC 62 Tradefog Global Co Ltd v Bartholomeusz [pdf, 92 KB]

   ...However, I also do not accept the circumstances of this proceeding justify an award of indemnity costs, meaning full reimbursement to the defendant of the professional fees he has incurred. [23] In Bradbury v Westpac Banking Corp the Court of Appeal referred to non- exclusive categories of circumstances in which indemnity costs have been awarded: 4 (a) the making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud; (b) particular m...

4. Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation (2016) 361 Aotea MB 69 (361 AOT 69) [pdf, 254 KB]

   ...249) 3 De Loree v Mokomoko – Hiwarau C (2001) 11 Waiariki Appellate MB 249 (11 AP 249) Barcello–Gemmell – Gore Blks XVII and XIX S90B2 (2004) 6 Te Waipounamu Appellate MB 29 (6 APTW 29) Ripia (2012) 2012 Maori Appellate Court MB 175 (2012 APPEAL 175), Wano v Ngati Hineuru Iwi Inc (2013) 24 Takitimu MB 56 (24 TKT 56), Haig– Waipiro A13 Incorporation (2007) 182 Gisborne MB 7 (182 GIS 7). http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I352ceeace03511e08eefa443f89988...

5. Wipaki v Apatu - Awarua o Hinemanu Trust (2016) 56 Takitimu MB 54 (56 TKT 54) [pdf, 187 KB]

   ...an advisory trustee, or a custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [16] The Court of Appeal in Clarke v Karaitiana determined: 4 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those is...

6. [2018] NZEnvC 112 Fright v Christchurch City Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 112 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CHARMAINE SUSAN FRIGHT (ENV-2017 -CHC-76) Appellant CHRISTCHURCH CITY COUNCIL Respondent Court: Environment Judge J E Borthwick Hearing: In Chambers at Christchurch Date of Decision : 19 July 2018 Date of Issue: 19 July 2018 ERRATUM OF THE ENVIRONMENT COURT A...

7. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

   ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...

8. MVDT Annual Report 2016-2017 [pdf, 206 KB]

   ...purchasers also established that they would not have purchased the vehicle if its written-off status had been disclosed. The Tribunal declared the vehicle offer and sale agreement void and ordered a full refund of the purchase price: $40,000. On appeal, the Tribunal's decision was upheld by the District Court. The second case, Slimm v McBride Street Cars Limited, decided on 26 April 2017, involved similar facts – the trader disclosed in the CIN that the vehicle was imported...

9. Amai - Ruawahia 2B (2006) 297 Rotorua MB 135 (297 ROT 135) [pdf, 375 KB]

   ...fact, that the initial application for directions filed by himself and Mr Patterson was dismissed. I do not understand how that can possibly be relevant. [27] Under the circurnstances if Mr Perenara wishes to take the matter further either on appeal or review he is quite entitled to do so, but there is no good reason why the orthodox processes of this Court's operation should not take effect. [28] The application is to be fixtured in terms of my directions above. Dated at thi...

10. Maunsell - Te Paroa Lands Trust (2003) 101 Whakatāne MB 35 (101 WHK 35) [pdf, 372 KB]

    ...Waikato-Maniapoto ACMB 34. This case also concerned the election of trustees to a Maori Reservation where the Lower Court, following a hui of beneficiaries, made orders removing trustees and appointing replacements. The Appellant, who was a beneficiary, appealed both orders. The Maori Appellate Court held that as the trustees who were removed had expressed a desire resign,. there was no issue with those orders. However, had any of the trustees disputed their resignations they would have e...