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1. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC I 5 \ of the Heritage New Zealand Pouhere Taonga Act 2014 of an appeal under s58 of the Act THE OTAHUAO BURIAL GROUND TRUST Appellant (ENV-2017-AKL-162) HERITAGE NEW ZEALAND POUHERE TAONGA Respondent FAR NORTH HOLDINGS LIMITED Applicant Court: Judge J A Smith sitting alone pursuant to s279 of the Act Parties: R B Brabant for Far North Holdin...

2. Canterbury Earthquakes Insurance Tribunal 28 February 2018 [pdf, 257 KB]

   ...experts will be able to assist in working through these issues. I consider that this will particularly help vulnerable claimants to make sense of the various, and sometimes conflicting, information they may have received in relation to their claim. Appeals 39 In line with the objective of providing speedy and cost-effective resolution for claimants, I intend to place some limitations on appeals from the Tribunal. However, I have balanced these limitations against the need to uphold the...

3. LCRO 78/2020 NS v GL (29 June 2021) [pdf, 182 KB]

   ...NS sought to have the order made final. The temporary order was discharged. • An application for recall of the discharge was granted, but the Judge remained of the view that there were no grounds for a final protection order. • Mrs NS appealed to the High Court. The appeal was dismissed and costs ordered against Mrs NS. • Leave to appeal to the Court of Appeal was granted and a final protection order was granted to Mrs NS. • An application to the High Court for c...

4. [2024] NZEnvC 051 Hamilton City Council v Waikato District Council [pdf, 735 KB]

   ...zoned General rural (GRUZ); (b) Commercial activities within the Motorway Services Centre Specific Control Layer are subject to Rule COMZ-R18 which provides for commercial activities as restricted discretionary activities. [6] On 1 March 2022 HCC appealed the Council’s decision. Appeal Point 3 of the notice of appeal seeks to rezone the whole of the Site General Rural and to delete the Motorway Service Area Overlay and Rule COMZ-R18. [7] On 15 March 2022 Warrick MacDonald, as a...

5. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

   ...it is for the Court to do whatever the justice of the case requires. Under this heading it further seems to me that the following matters are material to the exercise of the discretion: (1) The reason for the omission to bring the appeal within time. (2) The length of the delay. (3) Any prejudice or hardship to any other person. (4) The effect on the rights and liabilities of the parties. (5) Subsequent events. (6) The merits. This is not an exhaustive...

6. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 4 READT 002/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ALFRED ROBERT GILLARD Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20003) Respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms C Sandelin - Member HEARD at Christchurch on 8 November 2013 DATE OF THIS DECISION 17 January 2014 COUNSEL...

7. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   PERIGO V PATEL MAC 2011 Maori Appellate Court MB 41 8 February 2011 IN THE MAORI APPELLATE COURT OF NEW ZEALAND AOTEA DISTRICT 2011 Maori Appellate Court MB 41 (2011 APPEAL 41) A20100012451 UNDER Section 58, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Waerea me Winiata Whanau Trust BETWEEN MARIA PERIGO Appellant AND JOHANNE PATEL Respondent (Heard at Whanganui) Court: Deputy Chief Judge C L Fox Judge S Te A Milroy Judge S R Cl...

8. [2008] Ryan Security & Consulting (Otago) Ltd v Bolton [Full Court (Chief Judge Colgan, Judges Shaw and Couch) CC 11/08 [pdf, 49 KB]

   ...breach of its orders. [20] Whether the Authority has the implied power contended for by the plaintiff has not been the subject of any previous decision. There are, however, several judgments of the Labour Court, the High Court and the Court of Appeal in which similar issues have been discussed with respect to other jurisdictions. [21] In Quality Pizzas Ltd v Canterbury Hotel Employees Industrial Union [1983] NZLR 612 the Court of Appeal addressed the jurisdiction of the Arbitrati...

9. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 19 READT 060/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN ERNEST ALBERT McNICHOLL and RETA CAROL McNICHOLL Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 416) First Respondent AND MARK O’LOUGHLIN Second Respondent Hearing: 16 April 2018, at Christchurch Tribunal: Hon P J Andrews, Chairpers...

10. Luke v Nganeko - Ngātituhekerangi 23A and 22B (2018) 394 Aotea MB 141 (394 AOT 141) [pdf, 342 KB]

    ...proceed. [5] Mr Cox for the applicant opposed Mr Nganeko’s intervention. He argued that, even if Mr Nganeko was granted access to the High Court file, which, had been refused (except regarding a limited range of documents), the prospects of an appeal out of time being granted by the Court of Appeal over three decades later was so remote as to be unrealistic. Issue [6] The issue for determination is whether the conditions for alienation have been met and whether the certificat...