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1. Kupa v Kupa - Lot 10H and 10I Pt Omahu 2C1C (2021) 92 Takitimu MB 247 (92 TKT 247) [pdf, 280 KB]

   ...status produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Māori land. If price were a valid argument, the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. What are the relevant facts? [28] The change of status application is made on the basis that the related partition application is granted. I therefore assess the change of statu...

2. [2021] NZACC 117 – Bell v ACC (3 August 2021) [pdf, 288 KB]

   ...the evidence that the appellant’s underlying health condition at the time of the treatment affected the outcome in any way. Furthermore, the operation undertaken appears to have been a reasonably common one rather than one that would require careful consideration of s 32(1)(c)(ii), namely the clinical knowledge relating to this particular operation at the time it was performed. ACR 41-20-Bell [63] Therefore, applying the test in Ng’s case, so far as the operating surgeon i...

3. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ...sensitivity effects to arise from odour in respect of potential future activities on neighbouring sites. The court’s findings regarding precedent arose in the context of those conclusions regarding reverse sensitivity; (d) Kombi’s proposal was carefully considered and supported by extensive expert evidence. While the court did not accept Kombi’s evidence on all matters, Kombi’s case did not lack an evidential basis; (e) Kombi did not conduct its case in an unreasonable m...

4. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   ...that the Council is simply seeking compliance with the AUP(OP) and the prevention of further adverse effects.13 It is reasonably well settled that an undertaking as to damages may not be necessary in a situation where the applicant is:14 (a) Protecting public, rather than private, interests; (b) A consent authority is performing a regulatory role; or (c) Unquestionably financially capable of meeting any award of damages. I find that all three of the above grounds are applicabl...

5. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   Supplementary Government Response to Law Commission report on Review of the Privacy Act 1993 Presented to the House of Representatives 2 Supplementary Government response to Law Commission report on Review of the Privacy Act 1993 Introduction The Government has considered the Law Commission’s report Review of the Privacy Act 1993 (NZLC 123) tabled in the House of Representative

6. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...several key ones upon which counsel relied particularly. The first is an email from his advocate, Mr Lee, to Police on 10 July 2007. In it, Mr Lee wrote, among other things: 3. It seems to us that the Police Officer concerned is the one seeking protection from having his work reviewed and tested. … 5. … an individual Police Officer … has the power to destroy a good [man’s] career by writing an emotive report of questionable quality and accuracy … 6. Of course, the...

7. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...admitted to a lie. Mr Hope submitted that in such circumstances, the Judge was well justified in preferring the evidence of the applicants and making credibility findings against Mrs Martin. [30] Mr Hope argued that the decision was reasoned and careful, and the Judge gave full reasons in examination of the evidence as he reached his conclusions. There is therefore no basis for a finding of apparent bias. The Law [31] The test for apparent bias was considered by the Supreme...

8. [2017] NZEmpC 150 Prasad v LSG Sky Chefs Ltd [pdf, 492 KB]

   KAMLESH PRASAD v LSG SKY CHEFS NEW ZEALAND LIMITED NZEmpC AUCKLAND REGISTRY [2017] NZEmpC 150 [29 November 2017] IN THE EMPLOYMENT COURT AUCKLAND REGISTRY [2017] NZEmpC 150 EMPC 253/2015 IN THE MATTER OF an application for a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN KAMLESH PRASAD First Plaintiff AND LIUTOFAGA TULAI Second Plaintiff AND LSG SKY CHEFS NEW ZEALAND LIMITED Defendant AND SO

9. [2021] NZEnvC 136 The Canyon Vineyard Ltd v Central Otago District Council [pdf, 507 KB]

   THE CANYON VINEYARD LTD v CENTRAL OTAGO DISTRICT COUNCIL – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 136 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven En

10. Ministry of Justice annual report 2019-20 [pdf, 9.3 MB]

    ...tribunals and contributed to the legislative and policy changes that were urgently needed. Supporting our people Our focus was on the safety, health and wellbeing of our people. We intensified our cleaning and hygiene regime and dispatched Personal Protective Equipment to all our sites from March 2020. We expanded the Ministry’s network capacity, fast-tracked the delivery of digital devices for flexible work options (including mobile phones, laptops and desktops) and introduced ne...