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1. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ...claim that was filed with the Department of Building and Housing in August 2008 was based on the same cause of action that accrued in 2001, that is economic loss as a result of leaks. He further relied on Pullar v The Queen2 where the Court of Appeal concluded at paragraph 19: “It is not necessary, in order for time to start running, to be able to pin point with precision the exact cause of every defect. Indeed, that would frequently mean time will not start running until...

2. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 237 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act VIEW WEST LIMITED Appellant (ENV-2017-AKL-0001S1) AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner ACE Leijnen Environment Commissioner W R Howie K G Stevenson (Special Advisor) Hearing: at Auckland 26-30 November...

3. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

   ...Rotorua People’s Advocacy Union. Ryan Blair says that he received three similar and associated Authority determinations at about the same time and, although he was instructed by Mr Behan- Kitto’s advocate, Paul Blair, to calculate the 28 day appeal period of two of those determinations, he calculated the period for this case incorrectly for reasons that he cannot now explain. [5] The intended defendant opposes the application for leave so it is necessary to consider the partie...

4. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

   ...subsequently discovered conduct in breaching her employment agreement, as a result of which the Council claims that it has suffered loss and damage. That subsequently discovered conduct can be so used has been authoritatively determined by the Court of Appeal in Salt v Richard Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands. 3 [8] There may be issues touched upon in the affidavits and in opposition to the application as to the degree of the Council’s knowledge of...

5. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...on a judgment of this Court in MacMillan v Hickey’s Pharmacy Limited2 but that is distinguishable on several grounds. It was a case involving an oral judgment of the Employment Tribunal under predecessor legislation and turned on the date for appeal purposes when a decision was given by the Tribunal. The legislation has changed significantly in relation to challenges from determinations of the Employment Relations Authority to this Court. [9] In view of my decision that Mr Schmi...

6. [2012] NZEmpC 184 Vine-Tech Contracting Ltd v Wattam & Inger [pdf, 72 KB]

   ...wages to Mr Wattam by $1,500 to take account of his earnings after dismissal, I awarded interest on lost earnings to both defendants. [3] The principles relating to costs awards in this Court are well established. They are based on the Court of Appeal judgments in Victoria University of 1 [2012] NZEmpC 22. Wellington v Alton-Lee 2 , Binnie v Pacific Health Ltd 3 and Health Waikato Ltd v Elmsly. 4 The Court has a broad disc...

7. [2009] NZEmpC WC 27/09 Griffiths Drilling (NZ) Ltd v Jenner [pdf, 24 KB]

   ...which cannot be resolved in mediation includes a first instance, low level investigation and non-legalistic determination by the Employment Relations Authority. Although most parties accept the result or at least do not feel so aggrieved that they appeal, the legislation permits a right of challenge including by hearing de novo as the company has exercised in this case. This means that, in effect, the examination of the justification for dismissal begins anew in this Court with li...

8. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...should it not receive an award of costs, then costs should lie where they fall in view of the overall outcome of the proceedings. Counsel for Mr Powell did not take a similar stand. [9] The Court is bound by three main decisions of the Court of Appeal dealing with Employment Court costs. 5 In addition to costs normally following the event, the successful party will generally receive an award of two-thirds of actual and reasonable costs although there may be circumstances where...

9. Stone - Pukepuke Tangiora Estate (2013) 26 Takitimu MB 64 (26 TKT 64) [pdf, 104 KB]

   ...treated as if they had been appointed by the Maori Land Court. (4) This section applies despite any other enactment or anything in the will. [11] In the context of systems of voting for Mäori land trusts, there are judgments of the Court of Appeal, the Māori Appellate Court and this Court that supports the following propositions: 26 Takitimu MB 67 (a) The Māori Assembled Owners Regulations 1995 do not apply to general meetings of owners called by trustees of a trust cons...

10. Searancke - Lot 3 DP 427106 and part Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66) [pdf, 148 KB]

    ...and as the lease arrangement with the GDC 4 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185), Whaanga v Niania - Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) and Whaanga v Smith - Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45). 5 Ibid. 51 Tairawhiti MB 71 over the lower Lot has not been honoured in terms of cleaning the area, the trustees consider that the...