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1. Regulatory Impact Statement: Canterbury Earthquakes Insurance Tribunal [pdf, 466 KB]

   ...will be a monetised cost to Government. There may be additional monetised costs for insurers and claimants in cases where the tribunal process is used, where those cases may have instead settled informally under the status quo. Where a party then appeals a tribunal decision to the courts, these costs will increase. The initiative may have non-monetised costs for the Government if it does not achieve its objectives (for example, if it slows down progress toward settlement, costs clai...

2. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...Police consent. Following a preliminary hearing before Judge Ryan, the Police withdrew their consent to Mr Smith’s name suppression and the Judge refused to extend it. Judge Ryan did, however, make an interim order for suppression, providing an appeal was lodged within three days. That interim order was to continue until the appeal was determined. [22] An appeal was lodged, and the matter was decided by the High Court in May 2006. Justice Harrison allowed the interim name suppressi...

3. Brown - Kairakau 2C5B (2002) 167 Napier MB 139 (167 NA 139) [pdf, 857 KB]

   ...wanted the block to remain undivided, enabling them to retain their traditional connections with the whole of the block. Minute Book: 167 NA 140 The first judge who heard the application turned it down in 1989 (128 Napier MB 286-289). The Browns appealed his decision, and the Maori Appellate Court sent it back for a rehearing (10 Takitimu ACMB 224-232). In 1991, the judge who conducted the rehearing of the partition application granted it (130 Napier MB 74-84). But then the Maori App...

4. Offord v Patel [pdf, 90 KB]

   ...The question is to what extent is a court entitled to look behind it and say, well yes you were a director of that entity but you’re also personally liable. (Closing submissions, p 22, lines 1-12). [33] Mr Satherley relied on the Court of Appeal’s decision in Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 in which the claimants sued both a “one-person company” and also Mr Trevor Ivory personally as he had given advice to the claimants to use a particular herbicide. It w...

5. Wikiriwhi v Walters - Oruanui 9 Block and Part Oruanui 10 Block, Lot 1 Deposited Plan 471989 and Lot 2 Deposited Plan 471989 (2020) 232 Waiariki MB 212 (232 WAR 212) [pdf, 382 KB]

   ...which that person may be interested or concerned other than as a trustee of another trust. [55] In Fenwick v Naera, the Supreme Court considered the principles relating to conflicts of interest and s 227A:25 [61] … We agree with the Court of Appeal that all trustees participating in decision making must “bring to bear a mind unclouded by any contrary interest”. Nor is it an answer that their fellow trustees all supported the transaction. Section 227A provides that a conflic...

6. [2024] NZEnvC 242 Royal Forest and Bird Protection Society of New Zealand Incorporated v Thames-Coromandel District Council [pdf, 16 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 242 IN THE MATTER OF appeals under Clause 14 of the First Schedule to the Resource Management Act 1991 BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-143) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-AKL-147) KEITH VERNON (ENV-2016-AKL-084) WAIKATO REGIONAL COUNCIL (ENV-2016-AKL-146) Appellants AND T...

7. New Zealand Law Society v Gilbert [2012] NZLCDT 24 [pdf, 222 KB]

   ...saying that as a creature of statute it had no inherent jurisdiction allowing it to make such a determination. Mr Chow applied for a judicial review of that decision of the tribunal. When his application was dismissed by the High Court, Mr Chow appealed to the Court of Appeal. [73] Commentary by the Court of Appeal confirmed that the national tribunal was not correct in assuming it had no power to deal with the Application for Stay or dismissal. The Court of Appeal noted that the...

8. [2011] NZEmpC 149 NZPFFU ors v NZ Fire Service Commission [pdf, 158 KB]

   ...construction [12] The leading authority on contract interpretation is the decision of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. 2 Although that decision related to the construction of a commercial contract, the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 3 made it clear that Vector had equal application to the interpretation of employment 2 [2010] NZSC 5,...

9. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...completely unfettered discretion or arbitrarily in abrogation of even the most basic entitlements of fairness, objectivity, and reasonableness. [14] The leading case on probationary arrangements under s 67 of the Act is the judgment of the Court of Appeal in Nelson Air Ltd v New Zealand Airline Pilots Association.4 At p669 the Court of Appeal said: Every probationer may be taken to realise that being on trial he or she will be under close and critical assessment and that permanen...

10. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

    ...evidence that was led in the Employment Court previously in ARC 19/11 that when Mr Matsuoka attended LSG’s premises for the first time he was represented by an industrial advocate who was being paid by Pacific. Both counsel cited a recent Court of Appeal decision in Contractors Bonding Ltd v Waterhouse 11 which dealt with an independent litigation funder. The Court of Appeal required both the Court and the non-funded party to be given formal notice of that involvement with det...