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1. [2022] NZEnvC 157 Mangawhai Harbour Restoration Society v Northland Regional Council [pdf, 1 MB]

   ...secondary / fallback position that the reference to Rule C.1.4.3A is deleted from Rule C.1.4.7 (so that nothing under Rule C.1.4.3A is exempt from Rule C.1.4.7, rather than everything is). Patuharakeke considers that this is appropriate in a rule protecting Sites of Significance recognised in the Plan as mahinga mataitai sites. (e) other minor changes to improve the clarity and readability of the rule. In its interim decision the Court noted that the parties had agreed on wording...

2. [2022] NZEnvC 035 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.7 MB]

   Mangawhai Matters Incorporated & Others v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 035 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2021-AKL-062) CLIVE RICHARD GERALD BOONHAM (ENV-2021-AKL-061) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND MANGAWHAI CENTRAL LIMITED

3. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...relationship with the Ministry of Education was likewise „casual‟, but that is not so. While it is true that there was no certainty of the duration of the security arrangement with the Ministry, it was one of constancy in the sense that security protection was needed for the derelict school site for as long as the Ministry was responsible for it. This was not a casual arrangement in the sense that it was irregular and unpredictable and spasmodic. As the Authority noted, rathe...

4. Horne v Anaru - Pukehina M Sec. 2A, M Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40) [pdf, 234 KB]

   ...the investment properties, Mr Koning submitted that once again, while every aspect of the acquisition and management of the apartments had not always followed best practice, the trustees accepted the need to ensure the owners’ investments were protected. In that context, it was also submitted that the market value of the investment properties had increased significantly since their purchase. [14] Counsel acknowledged that concerns had been raised by the Court over particular aspe...

5. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

   ...Judicature Act 1908 which, in the context of the superior courts of New Zealand, provides for the payment of counsel assisting the court “out of money appropriated by Parliament for the purpose”. An example from the District Court jurisdiction is the Care of Children Act 2004. Section 130 provides for the appointment of a lawyer to assist the Court and s 131 directs that payment is to be out of “public money appropriated by Parliament for the purpose”. An example drawn from the...

6. Hale v Chester Burt Funeral Home Ltd [2012] NZHRRT 10 [pdf, 76 KB]

   ...accordingly directed that Chester Burt Funeral Home Ltd pay to Mr Hale $5,000 for humiliation, loss of dignity and injury to feelings. [38] As to the claimed set off, the remedies under the Privacy Act are autonomous. Their purpose is to promote and protect individual privacy. There is nothing in the Long Title or in the Act itself to suggest that the integrity of the remedies in s 85 can be compromised by reading into them civil law notions such as set off. Apology [39] Chester Bu...

7. Eichelbaum v CAC303 & Anor (ruling) [2016] NZREADT 3 [pdf, 171 KB]

   ...hearing an appeal, including hearing further evidence if necessary, rather than remitting matters back to Committees. He puts it that the Act contemplates flexible, speedy and relatively informal decision-making processes, in line with its consumer protection purpose, and that our determining appeals in a final way rather than having matters go back and forth between Committees and us, is consistent with that purpose. [32] It is also submitted by Mr Hodge that these features of the leg...

8. [2013] NZEmpC 212 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 64 KB]

   ...ratings and are unable to obtain finance elsewhere. It also sells motor vehicles, including ex rental vehicles. [12] Mr Gunning has cerebral palsy and a degree of autism. He grew up in Ashburton but, at the age of 16, moved to Christchurch where he cared for his terminally ill father. As a result, his schooling was limited. [13] During the several years after he left school, Mr Gunning had paid employment for significant periods but was also unemployed at times. He developed a...

9. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...any existing defects at time of purchase is not relevant because contributory negligence and volenti non fit injuria are not defences to contractual claims. It is correct that these defences are unavailable in contract. However MacKenzie J carefully examined whether the real estate agent’s knowledge that there was no CCC could be imputed to the purchasers before commenting that in any case the requirement that waiver be by notice had not been satisfied. Knowledge was also, as...

10. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

    ...11 Waiariki MB 196 Discussion [18] Like any owner of Māori land, the applicants are entitled to bring proceedings in this Court for injunction and removal of trustees. The respondents are similarly entitled to defend such claims to protect both the trust and the trustees in the exercise of that office within the parameters of the trust order and general trust law principles. Whether their respective claims and counter claims succeed or fail is a separate question. What t...