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1. LCRO 92/2021 AZ v BY (19 July 2021) [pdf, 134 KB]

   ...be nothing unusual in it. It is consistent with those responsible for estate administration abiding the decision of the Court if the parties do not resolve disputes. Simple submission to the Court’s jurisdiction tends to be an economically appealing approach where interested parties do not agree. Lawyers cannot be expected to hold funds subject to claims by different parties in their trust accounts indefinitely. There has to be some end to it. [20] It is beyond the jurisdictio...

2. [2022] NZEmpC 178 UXK v Talent Propeller Ltd [pdf, 228 KB]

   ...and other well established principles.4 Normally, costs follow the event. [10] The Guideline may be a factor in the exercise of the Court’s discretion. [11] Reference should also be made, as it was by both representatives, to the Court of Appeal judgment of Curtis v Commonwealth of Australia where the issue was whether a successful party funded by legal aid could recover scale costs or some lesser amount.5 [12] For the purposes of that case, the Court said:6 4 Vi...

3. [2022] NZEmpC 195 New Zealand Port Primary Teachers’ Assoc v Board of Trustees for Rodney College [pdf, 208 KB]

   ...Taimaihi” (29 April 2022) Employment Relations Authority <www.era.govt.nz> at [5]. 4 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 16. Health Waikato Ltd v Elmsly, the Court of Appeal noted that costs usually follow the event and that in most cases it is clear who has been successful and thus prima facie entitled to an award.5 However, the Court also held:6 [35] But cases where the parties have mixed success are...

4. [2023] NZEnvC 103 Friends of Conical Hill Incorporated v Hurunui District Council and Hanmer Springs Thermal Pools and Spa [pdf, 223 KB]

   FRIENDS OF CONICAL HILL v HDC – CONFIDENTIALITY ORDERS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 103 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge J E Borthwick Heari...

5. Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated) (2024) 315 Waiariki MB 272 (315 WAR 272) [pdf, 319 KB]

   ...money, royalties, or other proceeds of the alienation of Maori land or a Maori reservation, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. … (4) Every injunction made by the court under this section that is not expressed to be of interim effect only shall be of final effect. Kōrerorero Discussion Section 19(1)(a) 315 Waiariki MB 277...

6. [2023] NZEnvC 248 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 213 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2023] NZEnvC 248 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 to the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND K...

7. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...Trust) v IAG New Zealand Ltd & Ors.2 1 See also s 91 of the Weathertight Homes Resolution Services Act 2006 and s 56 of the Construction Contracts Act 2002. 2 [2019] CEIT-2019-0037, May 2021 [Costs decision]. 3 [10] That decision was appealed to the High Court which released its appeal decision on 20 December 2022.3 [11] As is relevant to this decision, the High Court in the IAG v D appeal upheld the Tribunal’s decision on the issue of arguments raised without substant...

8. Mr G v Waikato Bay of Plenty Standards Committee 2 [2024] NZLCDT 28 (11 September 2024) [pdf, 134 KB]

   ...helpful. Admission of a charge is an important step, generally irreversible. Mr G will have been conscious of this. In criminal processes, leave to vacate a guilty plea requires a substantial reason: four categories are set out in the Court of Appeal decision in Tauira.7 Mr Tantrum correctly finds three are inapplicable. [13] As to the other Tauira category (where the defendant did not appreciate the nature of, or did not intend to plead guilty to, a particular charge), we point...

9. Auckland Standards Committee 1 v Kwon [2025] NZLCDT 23 (22 April 2025) [pdf, 105 KB]

   ...the notion that he had done anything wrong and preferred his own view of the matter, in justification of his actions, to the extent that he would not even take independent legal advice. Initially, following the release of our decision, Mr Kwon appealed the determination, as is his right. 1 Hart v Auckland Standards Committee 1 [2013] NZLR 103. 2 Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 at [53]. 3 See above n 2 at [56]. 4 See above n 2 at [55]. 3 [7]...

10. National Standards Committee v Young [2018] NZLCDT 20 [pdf, 111 KB]

    ...or receive advice or direction. That, in itself, causes further concern to the Tribunal. [9] In relation to the negligence finding, Mr Waalkens submitted:2 “… The Practitioner was repeatedly put on notice by both the High Court and Court of Appeal that the grounds of his application were irrelevant or unsustainable such that his application was “doomed”. He was also put on notice that his legal pleadings were wholly inadequate and improper, such that “grave doubts” were r...