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1. [2024] NZEmpC 53 Allstar Roofing Ltd v Liu [pdf, 210 KB]

   ...real risk of it not being able to pursue its challenge. It seeks to rely on the High Court judgment of Cullen Group Ltd v Commissioner of Inland Revenue to support its submission that a factor weighing most heavily in favour of a stay is if the appeal of the substantive judgment may be rendered nugatory if a stay is not granted, because liquidation will inevitably follow, preventing the appeal.10 However, Cullen does not support ARL’s submissions; rather, the High Court makes fi...

2. Tawa - Tūaropaki E (2025) 332 Waiariki MB 53 (332 WAR 53) [pdf, 228 KB]

   ...that the Court has issued guidelines saying that applications for special aid funding should be filed in advance of the hearing. 7 At 42. 8 Te Runanga o Ngāti Hine v Te Runanga ā Iwi o Ngāpuhi [2014] Māori Appellate Court MB 133 (2014 APPEAL 133) at [6]-[7], citing Pomare v Rangihaeata – Hongoeka 7 Lots 2 and 3 (2009) 16 Whanganui Appellate MB 108 (16 WGAP 108). 332 Waiariki MB 58 [14] Judge Harvey (as he was then) commented on the importance of applying for spec...

3. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...relation to costs in the Authority, the respondent opposes LDJ’s application for costs and seeks costs of $2,250 on the basis that it was the successful party. It submitted that the successful application in the Court was not in the nature of an appeal and that it did not overturn the Authority’s decision. It also opposes the claim for disbursements in the Authority on the basis that it was the successful party and that, in relation to the filing fee for the statement of problem...

4. [2024] NZREADT 33 – Wilson v REAA (15 September 2024) [pdf, 105 KB]

   ...attempting to adduce new evidence which was not before the Registrar at the time it made its decision. [34] The Authority referred to KN v Registrar of the Real Estate Agents Authority, where the Tribunal decided that it would follow the test used for appeals (under s 111 of the Act) to assess whether further evidence should be permitted in review applications (under s 112).4 The Tribunal must be satisfied that it is in the interests of justice to admit the fresh evidence, having...

5. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...certain key provisions were removed from the Bill that was to become the Employment Relations Act 2000. [45] The immediate incentives for the parts of the 2004 amendment at issue in this case were probably the judgments of this Court and the Court of Appeal in a case in which a union had agreed with an employer that terms and conditions of employment for non-union employees would include the payment of a mandatory “bargaining fee” to be paid to the union2. This Court concluded...

6. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...evidence filed identifies some further concerns. 45. PC13 has been a time and resource-hungry process for the Council. It was first notified on 19 December 2007. The Council released its decision on 18 August 2009. That was subject to approximately 10 appeals. The appeals were heard in Twizel and Christchurch in August and September of 2010. The Environment Court's first interim decision was released in December 2011. 46. That interim decision was appealed by Federated Farmer...

7. [2022] NZEnvC 264 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 2.2 MB]

   WILLOWRIDGE DEVELOPMENTS LTD & ORS v QLDC – TOPIC 28 TRANSPORT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 264 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule to the Act BETWEEN WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2019-CHC-17) …(continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J...

8. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...NZBORA (right not to be subjected to disproportionately severe punishment).9 25.2. An award of $450,000 in damages in 2022 for the excessive imprisonment an offender was subjected to as a result of the third strike sentence.10 This decision has been appealed to the Court of Appeal. 25.3. In a recent three strikes case the High Court stated that a mandatory sentence without any judicial discretion would breach s 25(a) (right to a fair and public hearing by an independent and impartial c...

9. Decisions

   ...decisions are published, and not all decisions can be found through our finder. Find out more about using the decision finder.  View the full list of where to find decisions for each court or tribunal. Decisions for the High Court, Court of Appeal and Supreme Court can be found in the Judicial Decisions Online. There are also tools to help you find publications or forms, as explained on the  Document finders  page.

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10. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

    ...case in line with Hamlin41 rather than the validity of an insurance claim (Newlands)42 negligence of solicitors (James)43 or misstatements in a registered prospectus (Murray).44 Mr Davie pointed me to Baragwanath J’s finding in the Court of Appeal 40 Analogous to Thom v Davys Burton [2008] NZSC 65, [2009] 1 NZLR 437 at [25]–[26]. 41 Hamlin above n 38. 42 Newlands v Sovereign Insurance Company Ltd [2014] NZHC 803 at [36]...