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1. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...arguably subordinate to the plaintiff's right to be heard. Strong social policy considerations favour the use of Courts as an accessible forum for the resolution of disputes and grievances of almost all kinds. Only where a clear impression can be formed that the plaintiff's claim is altogether without merit- so that in the alternative it would be amenable to being struck out- would it be right for security to be ordered where to do so would bring the plaintiff's claim to d...

2. MVDT Annual Report 2021-2022 [pdf, 356 KB]

   ...continues to hear cases involving the online purchase of vehicles, sight unseen. Often, these purchases involve a trader based in Auckland and purchasers based elsewhere in New Zealand. Purchasers will be given access to any photographs and other information about the vehicle but unless they choose to do a pre-purchase inspection, or visit Auckland to inspect the vehicle themselves, they are essentially buying the vehicle sight unseen. The Covid pandemic has no doubt contributed to t...

3. Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) [pdf, 214 KB]

   ...Towler, who predeceased her in 1978, and together they had eight children. According to the applicant, the deceased was estranged from four of her children: Lorraine Towler, David Towler, Brian Towler and Marian Towler. The deceased did not leave a formal will nor any assets which required a grant of administration. [5] However, a handwritten document signed by the deceased was left, which sets out her wishes in relation to the funeral arrangements and some of her belongings. The

4. LCRO 18/2023 DS v GX (30 May 2024) [pdf, 135 KB]

   ...correct in not doing so. [36] There is no substantive evidence on the file to support Ms DS’s contention that she had suffered significant financial loss as a consequence of Ms GX failing to diligently progress Ms DS’s case. [37] Ms DS’s claim for compensation, as explained by her in her review application, is not capable of resolution through the vehicle of a professional conduct inquiry. [38] Her claim is more appropriately advanced in a claim in negligence. [39] Negligenc...

5. Elhassan v Webby [2022] NZHRRT 27 [pdf, 313 KB]

   ...expertise to enforce the Disputes Tribunal order, nor did the Office of Human Rights Proceedings have the ability to act for him to enforce that order. [76] The Tribunal refuses to make the order sought by Mr Elhassan in respect of his $400 bond. The request for such an order is ill-conceived for the following reasons. The Tribunal does not have jurisdiction to make an order that relates to an enforcement of an order made by another tribunal or court. Further, the matter is both moo...

6. Mann v Accident Compensation Corporation (Jurisdiction, Social Rehabilitation, Costs on Review) [2023] NZACC 91 [pdf, 365 KB]

   ...September 2020: (1) declining to provide Mr Mann with a social rehabilitation assessment and transport assistance, and (2) dismissing an allegation that the Corporation had failed to issue a decision in a timely manner in response to Mr Mann’s request for an individual rehabilitation plan. Mr Mann also appeals the review costs awarded by the Reviewer on 11 May 2021. 2 Procedural Matter [2] Mr Mann’s appeal was filed on 11 June 2021, in the District Court, by his advocate...

7. [2018] NZEnvC 207 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 825 KB]

   ...\\<:' ',: COU\\\ \:'>' ",-,,,,,,. "." ,"" 5 by the group. [14] The case for Sustainable Otakiri is that twelve people living in proximity to Creswell's site on Hallett and Johnson Roads formed an unincorporated body that called itself "Save our Otakiri Water and Environment Group". Eleven of them were identified by the District Council as an affected person and notified; ten of them made submissions on the appl...

8. Canterbury Westland Standards Committee v Withers [2013] NZLCDT 39 [pdf, 229 KB]

   ...receive payment from Mr Withers following settlement of that sale, as Mr Withers had undertaken it would. [48] A year later, on 18 October 2011, the Council contacted Mr Withers, noting that it had become aware that the lot had been sold. It requested payment of the development contribution amount which had been due from settlement proceeds in accordance with his undertaking. [49] Mr Withers responded by asking that the arrangements constituted by the undertaking be varied...

9. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   ...specifically mentioned, it can be inferred that the Authority found no contributory conduct on Mr Parker’s part. [3] In an unusual twist to the decision, Mr Colosimo was found as employer to have failed to keep time and wage records in the required format and failed to supply them when requested. Pursuant to ss130(4) and 135(2)(a) of the Employment Relations Act 2000, Mr Colosimo was ordered to pay a penalty of $4,000 for such breaches. Of this sum $1,000 was to be paid to Mr...

10. [2018] NZEmpC 9 Lyttelton Port Co Ltd v Arthurs [pdf, 297 KB]

    ...the employee would have to undertake a rehabilitation programme. [14] Mr Arthurs was selected for testing. Although the testing was said to be random, Mr Arthurs believed that he was being targeted. He also was not prepared to sign the consent form that the agency that carried out the testing required, meaning that it did not carry out the test. Mr Arthurs’ refusal to sign the consent form for the testing was treated by LPC as a refusal to undertake the random test. This meant...