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1. [2017] NZEnvC 033 Brownlie Brothers Limited v Far North District Council [pdf, 332 KB]

   ...before it was due to serve its evidence in chief and eight weeks before Brownlie Brothers Ltd was due to serve its evidence, the NRC as the proponent of the scheme advised that it could no longer proceed with the scheme as originally proposed and requested that the hearing be cancelled. It advised that it would surrender the resource consents granted to it and withdraw its notices of requirement. By way of explanation, the NRC stated that the design work for the scheme had been base...

2. Manuirirangi v Nga Hapu o Nga Ruahine Iwi Inc (2010) 2010 Chief Judge's MB 355 (2010 CJ 355) [pdf, 278 KB]

   ...representation, without adjudication; and (b) to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication.] [30B Powers of Judge in addressing requests for advice (1) The jurisdiction in section 30(1)(a) (to advise other courts, commissions, or 9 I should also add here that during the course of this applicat...

3. Fisher v Fisher - Mura Rattenbury [2013] Chief Judge's MB 272 (2013 CJ 272) [pdf, 395 KB]

   ...the time of the hearing, but that she was never told of their intentions nor that there was any hearing set. There were also other options the Applicant's mother had, as evidenced by the Applicant, to ensure that the Applicant was contacted as requested by the court (e.g through the Applicant's daughter and the other family relations). 14. In light of this, there are sufficient grounds for this matter to proceed to hearing. Recommendation of course of action to be taken 15...

4. Bonner v Accident Compensation Corporation (Leave to Appeal to the High Court) [2024] NZACC 177 (11 November 2024) [pdf, 243 KB]

   ...surgery would be necessary. Mr Lynskey wrote that he was in no doubt in his mind that Mr Bonner’s current complication had arisen from the fact his hip lay dislocated for greater than a week. [11] On 25 January 1989 at the Corporation’s request Mr Lynskey provided another report which noted a) Following the pelvic plate removal it weas apparent there was a partial peroneal nerve palsy due to damage to the sciatic nerve. b) This nerve damage occurred during the operation....

5. Te Runanga o Ngati Hine v Te Runanga a iwi o Ngapuhi [2013] Māori Appellate Court MB 89 (2013 APPEAL 89) [pdf, 148 KB]

   ...decrease once separation from TRAION is complete. [24] It was argued that the effect of Judge Ambler’s decision was to render the actions of TRAION and its trustees immune from scrutiny simply because they have launched a mandate proposal that forms part of a process that the Courts generally regard as political. TRONH, it was contended, has a right to withdraw from TRAION and the Court ought to be “fair and fearless” in its scrutiny of the mandate proposal so as to be satisfi...

6. Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) [pdf, 158 KB]

   ...SUBRITZKY AND SHERIE NOBLE- TREMBATH, BENEFICIARIES AND TRUSTEES OF THE PARENGARENGA 3G AHU WHENUA TRUST Plaintiffs AND STEPHEN JAMES HENARE OR STEPHEN JAMES HENRY OR STEVEN JAMES HENARE OR STEVEN JAMES HENRY, OF DARGARVILLE, FORMER TRUSTEE First Defendant AND MARGARET JANENE DIXON, OF SEDDON, MARLBOROUGH, FORMER TRUSTEE Second Defendant AND PATRICK DIXON, OF SEDDON, MARLBOROUGH, FORMER TRUSTEE Third Defendant AND STEPHEN JAMES HE...

7. NG v THZ [2013] NZIACDT 69 (22 October 2013) [pdf, 104 KB]

   ...dishonestly or behaved in a misleading manner, and breached the Code of Conduct in an unspecified way. [7] The Registrar referred the complaint to the Tribunal based on the grounds identified by the complainant. However the Registrar did so in the form of a Statement of Complaint, which did not identify material facts that could justify any of those grounds. [8] The Tribunal has determined there is no foundation for any of the grounds of complaint, or for a finding of wrongdoing on the...

8. TN v LI [2020] NZDT 1325 (11 August 2020) [pdf, 215 KB]

   ...parties did not sign a contract, but there was a discussion about the terms of the arrangement, and a rehoming agency was involved in the placement. The parties were not known to each other prior to the arrangement. I am satisfied there was sufficient formality in the arrangement that this went beyond simply passing on a cat to another home. 8. I find that the arrangement was expressly agreed to be a fostering arrangement. All parties had used the word “fostering” as an altern...

9. DI v U Ltd [2023] NZDT 583 (5 December 2023) [pdf, 215 KB]

   ...levels of force of both rider and equipment. Riders on such trails will often wear full face helmets and pads. A rider who falls on a grade 5 or 6 feature on a trail has a reasonable risk of injury. 4. As riders have differing abilities, performance needs, and appetites for risk, manufacturers produce models to suit. A bike suitable for riding trails of varying difficulties all day is a compromise between weight, cost and durability. A downhill or freeride model designed to ride

10. NZ forms for trans-Tasman proceedings

    Notice giving prescribed information for defendant served in Australia – TTPRR form 1 Defendant’s application for stay of civil proceeding – TTPRR form 2 Request that New Zealand court determine defendant’s application for stay of civil proceeding with hearing – TTPRR form 3 Request to appear remotely in hearing of defendant’s application for stay of civil proceeding – TTPRR form 4 Affidavit to accompany application for leave to appear remotely in civil proceeding – TTPRR form 5

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