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1. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...conclusion.10 39. The High Court in Hurunui Water Project Ltd v Canterbury Regional Council11 identified that there are two aspects that need to be stressed when considering the legitimate resort to this jurisdiction: (a) The jurisdiction relates to the protection of the integrity of the Court’s process and the threat must be to the process of the Court which is wrongly being made use of and from which the Court must protect itself; and (b) a charge that a party is misusing th...

2. Trustees of Tuaropaki Trust - Tuaropaki E (2002) 77 Taupō MB 25 (77 TPO 25) [pdf, 340 KB]

   ...also relevant and is illustrative of the support the trustees enjoy. It is evident to the Court that these trustees are fulfilling their obligations of custodianship to ensure that the land and resources entrusted to them are maintained, enhanced and protected both for the current shareholders and also for the future generations of owners yet to come. Summary The Court makes the following orders: (a) pursuant to section 244 of Te Ture Whenua Maori Act 1993, clause 3(b)(ix) of the exi...

3. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

   ...with the same matter, the proper approach to interpretation is to try and give each its effect without creating conflict. If conflict cannot be avoided, then the special statute will usually prevail over the general: [citing Stewarl]. [15] In a careful analysis of these principles, with guidelines, the Environment Court subsequently held in Minister of Conservation v Federated Farmers New Zealand (Southland Province) Inc5 : 2 3 4 5 [71] One is the extent of overlap of issu...

4. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...trust and it remains unclear as to whether it supports these proceedings. The question of the applicant’s standing therefore remains relevant. [8] In addition, counsel submitted that clause 6 of the trust order for Mangamaire B2 Trust, the protection of minorities clause, was relevant to the application for a strike out or dismissal.2 Under that provision, any owner has a right to effectively petition the trustees if they feel aggrieved by any direction, determination or resolut...

5. Lewis v New Zealand Law Society [2018] NZLCDT 33 [pdf, 243 KB]

   ...lawyer was found. [16] When this latest set of findings against her was raised with Ms Lewis she referred to them largely as minor matters of gossip and hearsay. She also referred to them as “petty” complaints. This does not accord with the careful and proper analysis carried out by the Standards Committee. [17] It is notable that in her affidavit and submissions Ms Lewis sought to impugn all of the previous disciplinary findings against her. Issue 1 – Previous Concern...

6. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

   ...and the deposit was received that it came to light that there was in fact no code of compliance for the first building and that this had not been verified before I signed an unconditional contract. BB had failed to carry out my instructions and to protect my interests. I was astonished to find out that BB had not in fact obtained copies of the code of compliances from Council and forwarded them on to the purchaser’s lawyer before advising me to go ahead with signing an unconditional...

7. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...in this report, I would recommend that ACC reconsiders this case. [23] ACC requested the advice of its clinical advisory panel which consisted of ten medical professionals, 6 of whom were orthopaedic surgeons. Also represented was an urgent care specialist, a physiotherapist, an occupational and environmental medicine specialist and a general surgeon. [24] The panel reported on 2 April 2019. ACR 248/18 [25] The panel first noted that the event on 13 July 2016 was not consiste...

8. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

   ...account Mr Sowerby’s evidence that the force of the mechanism of injury and his knee pain masked the shoulder pain, together with the evidence of his colleagues that upon return to work he performed only light duties. Having reviewed the evidence carefully, I prefer the opinion of Mr Boyle on causation. He provided good reasons to believe the tendon tear was not traumatic. The medical evidence of widespread degenerative type changes in the shoulder pathology showing tears of the...

9. NT v OX & B Ltd [2023] NZDT 476 (2 May 2023) [pdf, 248 KB]

   ...costs incurred. However, I am satisfied that B Ltd is not responsible for such costs in the circumstances, as the risk of severe weather disruptions is on the customer. (i) I note that it is usual for customers to hold travel insurance to provide protection against severe weather disruptions, but the Applicants did not book travel insurance for their trip. While the lack of travel insurance has no bearing on my findings, it does explain why the Applicants have not been able to recover...

10. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

    ...of “no harm, no foul”. [48] The next reason is that a standards committee normally comprises seven decision-makers of whom a minimum of two are lay people. The lay members can be considered to have the keenest appreciation of the consumer protection purpose of the Act and a sensitivity to any potential injustice arising in any particular instance from the power imbalance between State and citizen. It would not be impossible for the applicant to persuade me that a committee so co...