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1. [2015] NZEmpC 36 Yan v Commissioner of Inland Revenue [pdf, 280 KB]

   ...the Environment, ex parte Kirkstall Valley Campaign [1996] 3 All ER 304 (QB). standard of neutrality, or appearance of neutrality, advocated for on behalf of the plaintiff applies in the disciplinary context. [47] As the Court of Appeal observed in Marlborough Girls’ College v Sutherland: 16 [24] This case highlights the problems of applying statements of principle of bias developed in relation to courts, tribunals and other bodies which operate independently...

2. Sell v Harris [pdf, 117 KB]

   ...Melanie’s room which is at the north eastern corner. Mrs Freestone’s evidence that the pile of earth had been against the house from the time the framing was constructed is not credible. Page 30 The Legal Position [91] The Court of Appeal in Riddell v Porteous [1991] 1 NZLR 1, concluded that the fact that owners of a property engaged various trades on a labour-only basis did not in itself make them head- contractors. In addition, it concluded that owners not giv...

3. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...is an experienced surveyor, and Mr Cartwright, who is an experienced builder and former building inspector, that the drawings were sufficient to allow a competent builder to complete a weathertight home satisfactorily. [80] The Court of Appeal in Sunset Terraces upheld Heath J’s conclusions that designers in preparing plans are entitled to assume that a reasonable builder would have access to and rely on 21 See...

4. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

   ...A1) (2013) 70 Waiariki MB 272 (70 WAR 272); Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 153 (71 TWP 153). 168 Taitokerau MB 36 [67] In Kingfish Lodge (1993) Ltd v Archer the Court of Appeal upheld the decision that the land in that case was not landlocked, as physical access was available by sea.28 The Court of Appeal did note however that the land could still be landlocked if its physical access failed to meet the natu...

5. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...for in the Act, the Trustee Act 1956 and the Reservation Regulations have to be reached and the Court must consider whether there is any positive defence or reasonable excuse for unsatisfactory performance. [19] In Rameka v Hall the Court of Appeal held:4 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of the bus...

6. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...Ultimately, a judicial value judgement is required to determine whether a factual finding of a nexus between act or omission and loss translates into a legal responsibility for a defendant to compensate a plaintiff. In Johnson v Watson,8 the Court of Appeal held that a causal nexus was required between substantial and material cause and the loss suffered: see also Price Waterhouse v Kwan,9 In that context, ‘substantial’ means more than trivial or de minimis. ‘Material’ mean...

7. 2019 Directory of Official Information V-Z [pdf, 608 KB]

   ...eligible qualifying service. The Panel comprises an employee of the New Zealand Defence Force and a representative of the Royal New Zealand Returned and Services’ Association. The Minister for Veterans appoints the: Veterans’ Entitlements Appeal Board which determines appeals of review decisions veterans and other claimants disagree with. This board consists of not more than four members of which one must be a lawyer who has at least seven years standing, and two must be med...

8. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...Court held that continuing to work does amount to consideration. The Employment Court cited an 7 Owen v McAlpine Industries Ltd [1999] 2 ERNZ 819 (EmpC). 8 At 837. earlier Court of Appeal decision, United Food & Chemical Workers Union of NZ v Talley where the Court held:9 We are disposed to think that the continued performance of the contract following a variation such as a voluntary pay increase, or the practical...

9. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

   ...drafted with the assistance of Mr Taylor who was also then at Auckland Prison. The 5 judgment of Brewer J in the High Court is to be found in Toia v Prison Manager, Auckland Prison [2014] NZHC 867 (30 April 2014). Mr Toia’s unsuccessful appeal to the Court of Appeal is recorded in Toia v Auckland Prison [2015] NZCA 624 (18 December 2015). [18] The claim was heard by Brewer J over 10 days in the period mid-2013 to late 2013. Mr Taylor gave evidence for Mr Toia by AVL. [19] M...

10. Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Maori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) [pdf, 501 KB]

    ...maintained. (See In Re Waipahihi Maori Reservation (1978) 59 Taupo MB 184; In Re Mount Tauhara Maori Reservation (1977) 58 Taupo MB 168; and In Re Sections 722, 790, 792, 793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (Orakei Marae) (1990) Appeal 1989/8) It is important that the underlying beneficial ownership be maintained and that successions be completed. While the legal estate vests in the reservation trustees, the beneficial estate remains in the original owners or...