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1. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...Couch v Attorney-General:25 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [68] This approach has also been recently affirmed in the Māori Appellate Court case Nicholas v Official Assignee: 26 … Following the case of Ngāti Apa v Attorney-Gen...

2. 2021-11-05 ORC - MOC - re chapter 6 [pdf, 3.4 MB]

   ...Tumuaki Ahurei; (b) Federated Farmers New Zealand – Otago and North Otago provinces; (c) Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (Kāi Tahu ki Otago); (d) Royal Forest and Bird Protection Society of New Zealand Incorporated; and (e) Ngāi Tahu Ki Murihiku (Te Ao Marama). 7 The following two section 274 parties submitted on Chapter 6 and advised that they would abide the outcome of the mediation: (a) Otago Fis...

3. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...misunderstanding when the complainants’ offer was communicated to Mr Brown. [55] Given his knowledge of the complainants’ reliance on the offer being accepted, and had he known Mr Brown’s clear price expectations, the defendant would have been likely to carefully explain that the offer was at an effective level of $70,000 and considerably below Mr Brown’s bottom line. Had that been done, it is unlikely any misunderstanding would have occurred. [56] Another telling piece of e...

4. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...Farms, East Bay Heli Services and R v Wattle Gully Goldmine.37 In keeping with the clear intent of the legislation leaning towards deterrence, these factors all need to be considered on an individual basis. In reaching that conclusion, I have carefully considered and weighed up all the materials discussed earlier in this judgment. I also have regard to which approach will best achieve the purposes and scheme set out in the Act and the Holidays Act for the protection of minimum st...

5. ENV-2016-AKL-000194 Highgate Business Park Limited v Auckland Council [pdf, 2.3 MB]

   ...(f) The Operative Plan provisions applying to Development Area 8 reflect the Council's long-standing vision for the area that it develop into a high quality, high amenity, intensive employment area including in particular offices, healthcare facilities, educational facilities, entertainment facilities and commercial services. (g) The Proposed Plan as notified sought to retain the vision exemplified by the Operative Plan provisions and proposed to do so through implementatio...

6. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...decision, I consider NI’s conduct with reference to this definition. NI’s conduct [64] This file was referred to NI by TT after TT realised that he would be unable to give it his attention. TT’s instructions to NI were to “read the documents carefully and form a considered opinion” 4 and then to contact the clients to talk about the claims. [65] NI identified that any action against CCI would be based on a breach of contract and negligence. The alleged negligenc...

7. 2017 NZSSAA 062 (20 October 2017) [pdf, 307 KB]

   ...was relieved that when Ms XXXX had to leave the property at [Place A] and that Mr Z’s parents had offered their place for her to live in and subsequently their rental property. [79] Ms F produced her bank statements going back to 2011. She had carefully annotated these bank statements and prepared a chronology. [80] It was her evidence that the amount she spent at the supermarket and on vegetables during the relevant period exceeded what she would normally spend on herself and...

8. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...asbestos [63] Whether Ms Cruickshank breached her professional requirements essentially comes down to a consideration of the duties that are imposed upon licensees by provisions such as rr 6.2, 6.3, and 10.7 of the Professional Conduct and Client Care Rules.9 It would appear that the Committee did not make reference to r 10.7, but we are entitled to have regard to its terms when determining this appeal by way of a rehearing. [64] Rule 10.7 provides: 10.7 A licensee is not requir...

9. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [pdf, 305 KB]

   ...by Immigration NZ in 2021, for which they would have been eligible. 14 [79] It is contended by the complainant that she and her husband had been left with a huge loss arising from Ms Murthy’s dishonest behaviour. They had lost their careers and the life they had planned to build. Submissions from Ms Murthy [80] Ms Murthy provided the Tribunal with very similar supplementary statements on 1 August 2021 (dated 1 August) and on 17 August 2021 (dated 13 August). [81] In...

10. Naera v Fenwick - Whakapoungakau 24 (2019) 217 Waiariki MB 85 (217 WAR 85) [pdf, 536 KB]

    ...discovery applications in the Act. Guidance may be taken from either the High Court Rules, the principles of natural justice, or s 37(3) of the Act. The process adopted so far has not been in accordance with any of those sources of procedural protection and the orders were therefore made without jurisdiction. [31] Counsel submitted that the delay in these proceedings is not a ground for denial of its natural justice rights. The trust was not a party to the application and was not i...