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1. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...Distribution Ltd v Chevron New Zealand:4 “Although the extent of reliance needs to be assessed in each case, if it is significant, it is unfair to allow that party to withhold the balance of that legal advice.” [37] However, the Court of Appeal has said a simple reference to having obtained legal advice will not amount to a waiver.5 3 [2015] NZHC 1467, [2016] 2 NZLR 133 at [23]. 4 HC CIV-2002-485-826, 5 September 2008 at [62]. 5 Ophthalmological Society of New Zealand Inc...

2. Urban Development Bill Advice [pdf, 131 KB]

   ...review, but “any attempt completely to deprive the High Court of its review powers would violate the guarantee”.5 28. Clause 29(2) of the Bill prohibits a person from applying for judicial review of a decision on a draft development plan and appealing to the High Court in respect of the same decision on a development plan, unless both applications are made together. We consider this prohibition is appropriately characterised as a procedural restriction on the right to judicial review...

3. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...these orders. I dismissed this application for want of jurisdiction on 22 August 2016.7 It would appear that the applicant is now using this s 30 application to re-litigate the issue raised in her s 45 application. Section 30 is not a rehearing or appeal provision and can not be used in this manner. [26] The purpose of a s 30 application is to determine the most appropriate representative for a specified purpose, not to resolve historical grievances or relitigate issues before the...

4. Bradbury v Police (Mootness) [2020] NZHRRT 1 [pdf, 161 KB]

   ...(1) This section applies if— (a) proceedings are commenced in the Tribunal under section 102 or 103 in respect of a complaint about a decision made by an agency under subpart 1 of Part 4 to refuse access to personal information; or (b) an appeal is lodged in the Tribunal under section 110 against an access direction directing an agency to provide access to personal information. (2) During the proceedings the Tribunal may, for the purpose of determining whether the agency may prop...

5. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...but disputed the appropriateness of an uplift, because he maintained he was justified in rejecting the offer when it did not address the remedy he sought, which was reinstatement.4 [16] In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal emphasised that a steely approach is required to Calderbank offers.5 They should not be put aside lightly when costs are being considered. In New Zealand School of Education v Nafissi the Court considered a rejected Calderbank offer...

6. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...New Zealand Inc v Northland Regional Council [2019] NZHC 449, at [31]. 2021 NZREADT 39 - Lee - Penalty (003) [33] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member ____...

7. [2021] NZEnvC 141 Waimakariri District Council [pdf, 501 KB]

   ...in the terms sought. The general inherent jurisdiction of the courts to do so in a civil context is discussed in the Supreme Court decision in Erceg.2 Section 279, 2 Erceg v Erceg [2016] NZSC 135 at [7] citing various cases from the Court of Appeal 5 RMA allows me to make orders in the course of proceedings. I am satisfied this is sufficiently broadly framed to enable the orders sought in this case. I note this was the view of former Principal Environment Judge Newhook in...

8. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 237 KB]

   ...Health Boards (DHBs) oppose the NZNO application, submitting that costs should lie where they fall. Its counsel, Mx Hornsby-Geluk, argued that the NZNO was only partially successful in its arguments. She said the Court should follow the Court of Appeal dicta in Health Waikato Ltd v Elmsly to the effect that where there is a mixed measure of success, costs should lie where they fall.2 [5] Mx Hornsby-Geluk also submitted that the case was properly regarded as a test case. For this...

9. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...[2016] NZEmpC 167, [2016] ERNZ 552 at [57]. period at the beginning of the season. On Mr Oldfield’s analysis these deductions cannot be made lawfully. [23] Sections 6 and 7 have been considered in different contexts in the Court of Appeal, but the submission was that there has been no authoritative decision on the relationship between them.11 [24] The third question was about s 7(1) of the Minimum Wage Act providing for deductions from wages for accommodation and in p...

10. Kurei v Shaw - Waioeka Lot 435 (2022) 281 Waiariki MB 60 (281 WAR 60) [pdf, 212 KB]

    ...wood, or any flax, tree ferns, sand, topsoil, metal, minerals, or other substances whether usually quarried or mined or not, on or from any Maori land; 6 Flight v Fletcher – Wairarapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96), at [37]. 281 Waiariki MB 65 … [19] Donaldson v Hemi summarised the principles regarding permanent injunctions:7 (a) A permanent injunction may be granted pursuant to s 19(1)(a) of the Act where a trespass has been m...