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1. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...landlord has a right of action where there is damage to the land or a reduction in its value. (See Cousins v Wilson [1994]1 NZLR463 and also Lockwood Buildings (Supra) referred to earlier). Here there is clear damage to the reversion in that a fixture forming part of the land is damaged, and as I deal with later in this judgement, there is clear evidence of loss of value in that the land will not return as much now for rental as it did before. Much more than the tenant1s right of po...

2. Eddy [2017] NZREADT 37 [pdf, 220 KB]

   ...of rural lifestyle properties. Mr Hansen retained a 50 ha block adjoining the properties which were to be sold (“the adjoining land”). [4] Mr Chrisp prepared marketing material for the properties (“the marketing material”), based on information provided to him by the developer. The marketing material was to be signed off either by Mr Hansen or his partner, Ms Cull. [5] The appellants’ Agreements for Sale and Purchase (“ASPs”), included additional terms of sale, inc...

3. O v I [2018] NZIACDT 23 (18 June 2018) [pdf, 231 KB]

   ...within 15 working days of the issue of this decision. [39.2] Mr I’s representatives may file a reply within a further 10 working days. [39.3] Any party may apply to vary the timetable. Publication of the adviser’s name [40] The Registrar is requested to indicate whether in her view Mr I’s identity should be published. The Complainant and Mr I’s representatives may of course also take a position on this matter. [41] The name or information that may identify Mr I, the comp...

4. Takotohiwi - Rangitaiki Parish 28B 18A 1 (2019) 212 Waiariki MB 142 (212 WAR 142) [pdf, 290 KB]

   ...applicant to file these to the Court. [8] On 11 September 2018, the Court received a valuation report completed by Bay Valuation and a further report related to the measurements of the proposed partition. Subsequently, I issued a memorandum requesting that the valuer show the area being partitioned in relation to the whole of the block and a valuation for the whole land to ascertain a true comparable value. This was filed with the Court on 2 November 2018. [9] The matter wa...

5. [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [pdf, 316 KB]

   ...[4] On 24 September 2018, Infinity’s lawyers sent an email to Mr Lorigan, requesting him to comply with the Court’s costs judgment and pay the sum of $14,495 for costs without delay. Advice as to when payment could be expected was also requested. The evidence suggests there was no response. [5] Mr Lorigan applied to the Court of Appeal for leave to appeal against this Court’s judgments declining Mr Lorigan’s application for joinder,21 and his application for a stay o...

6. Proactive release of documents relating to the Government Response to Officers of Parliament Committee [pdf, 1.3 MB]

   ...Controller and Auditor-General 9 On 11 December 2019, the Petition of Martin Thomas Harold Matthews and 14 others: Review Officers of Parliament Committee treatment of Martin Matthews (the Petition) was presented to the House. The Petition requested that Parliament review its actions, and those of the Officers of Parliament Committee of the 51st Parliament, leading up to Mr Matthew’s resignation on 2 August 2017. 10 The Petition sought that, as part of its review, Parliament c...

7. [2021] NZEnvC 029 Darby Planning Ltd Partnership v Queenstown Lakes District Council [pdf, 884 KB]

   ...and confirmed the inclusion of three new Strategic Objectives (SO 3.2.6.1, 3.2.6.2 and 3.2.6.3). That decision records6 that the court would not direct QLDC to provide a final set of provisions for inclusion in the plan at that time. [5] QLDC now requests that the court issues final directions, requiring QLDC to include the Ch 3 provisions as set out in the two interim decisions. QLDC's memorandum attaches the relevant Ch 3 provisions ready for inclusion in the plan. 7 [6] There...

8. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...

9. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...2016, 0.02877 shares were transferred from Faye Beryl Grey to Henry and Kitti Couch by way of sale for consideration of $15,000. 5 (c) On 8 July 2016, Henry transferred 0.15971 shares by way of gift to Kitti. His two other children signed consent forms and did not object to the transfer.6 As a result, Kitti currently owns 0.17409 shares and Henry 0.17439 shares in Rāpaki 875 8B1. (d) Henry has applied to transfer his shareholding to Kitti in conjunction with the current applicati...

10. ORC PC7 Hearing Schedule - 6.4.2021 [pdf, 283 KB]

    Plan Change 7 - Hearing Schedule D R A F T Version Date: 6 April 2021. Please check website for the latest version www.environmentcourt.govt.nz/cases-online/orc-pcs-1-7-8/pc7/ Please Note: Some of the changes requested by parties have not yet been confimed in this version of the schedule. The Hearing Administrator is waiting on further information regarding these requests. Please note: 1. The hearing schedule is subject to change, due to the length of presentations, witness availability a...