Search Results

1. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...1.6014ha but adding up the areas shown on the title plan SO 457739 which accompanied the notices to take gives a total area of 1.4702ha. It may be that the latter area does not include some land on the northern side which may previously have formed part of the property but which now forms part of the Auckland - Hamilton motorway. Ultimately this makes no real difference to the present issue. 3 [6] The area sought to be taken by the Council totals 3,047m2 , in three sections al...

2. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

   ...consent to build a temporary house on the block. The defendants used their savings to build a house on the block and have lived there since 1996. [5] In evidence Mr Ellis said that he sent a letter to the defendants on or about 16 August 2005 requesting that they quit the block and remove their house. He said that since then he had on two or three occasions orally asked the defendants to remove their house. He also mentioned that he had written some additional letters to the defe...

3. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

   ...filed the following documents: a) On 7 June and 21 September 2018 memorandums stating that the applicant “does not have standing to file the application.” Counsel noted that the applicant had not been in contact with the Callaghan sisters and requested that the applicant produce birth certificates for the sisters that name “Tamati Rungarunga (Snr) as their father.” b) Counsel stated that an application should be filed by the Callaghan sisters, or other persons who have st...

4. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable provisions to s 20 and s 27(2) of the Bill of Rights Act.3 9. In respect of each settlement the Bill will exclude any form of monetary compensation as a remedy for any failure of the Crown to comply with protocols issued under the Bill. Although s 27 affirms the right to bring civil proceedings against the Crown, the section protects only procedural rights,...

5. Taxation (Budget 2021 and Remedial Measures) Amendment Bill [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

6. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether cl 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

7. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...circumstances [5] The proceedings against PwC under the Privacy Act [14] The interlocutory applications filed by Ms Guo [15] PWC – THE DISCOVERY APPLICATION [21] The Tribunal’s power to order discovery [21] Pleadings – the statement of claim [25] Pleadings – the statement of reply [27] Assessment – the issues which will determine the scope of discovery [28] Whether formal discovery should be ordered [32] Reasons for formal discovery being ordered [36] Use of discov...

8. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

9. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

10. Form 79 Response to Third Party Claim [pdf, 203 KB]

    Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...