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1. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   ...Appellant relentlessly pursued this argument regardless of being put on notice that it was without merit, requiring the Council to address the matter again in legal submissions at the hearing. The Council's submissions in response to this point form Attachment A to the Council's opening submissions. 31. It is submitted that, in this way, the Appellant has conducted its case in a way that unnecessarily lengthened the hearing and as a result the Council has incurred unnece...

2. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...advisory trustee. 9. In his Will the deceased had inserted a clause which is reproduced as set out below: 4.0 I give: (1) The interest which I own at my death in any Māori freehold land; and (2) The beneficial interest in land which forms part of any Māori Incorporation to be divided equally among my children, Vena Muriwai Appleton, Michael George Wharenui Appleton and Kelley Nyman living at my death. 10. In her supporting correspondence to the Court, the applicant...

3. LCDT Annual Report 2019 [pdf, 352 KB]

   ...were admitted and required a hearing as to penalty only • In 12 cases the charges were proven following a defended hearing • In 1 case the charges were proven following a formal proof hearing • In 2 cases the charges were withdrawn at the request of the Standards Committee Other outcomes Appeal against decline or refusal to issue practising certificate: 1 dismissed Application for consent to employ: 1 granted Case progress Hearings are preceded by issues and/or...

4. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...and KPBL submitted that SKP's arguments were without substance. In support of this submission they raised the following: (a) Dr Bird, an expert called by SKP, presented evidence in which the Court found very little in the way of empirical information" and described as "relentlessly pessimistic"21 and "unduly alarmist"22 "overstated";23 "extraordinary" .24 (b) In some instances, the expert evidence did not meet the rules about admis...

5. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...deponents (four for Friends of Sherwood and the Trust Board, three for the Council, two for DOC and one (Dr Sinclair) on behalf of the Public Health Service). [6] The hearing took place over two days on 13 and 14 September 2018. Ms Grey 1 The request to join as co-applicant was made by Ms Grey on behalf of Ngati Paoa on 10 September 2018. Ngati Paoa was subsequently joined as the second applicant with the consent of all parties. 3 represented both applicants at the hearing. At the...

6. [2019] NZEmpC 87 Tourism Holdings Ltd v A Labour Inspector of MBIE [pdf, 393 KB]

   ...is necessary for Tourism Holdings to be able to reconcile what is owed to it, and the drivers, from its records and other sources. That reconciliation is made possible because each driver keeps a record of bookings and each operator provides information about the date on which the activity was booked, paid for and undertaken. To provide some uniformity, Tourism Holdings issues vouchers to operators so a consistent record of this information can be kept, although they are not alway...

7. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

   ...grievance could not arise in those circumstances because an employment relationship did not exist at that time. The second, more fundamental, reason was that Mr Holman did not accept he had promised to conduct an investigation as Ms Rachelle had requested. I accept his evidence. [47] Finally, and for completeness, Air New Zealand did not accept that there was any improper reason or motive to employ permanent staff ahead of Ms Rachelle. Implicit in the company’s decision was tha...

8. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...the trustees; (l) 18 March and 16 May 2019 – counsel for the trustees files information and confirms that nothing further is available; (m) 29 November 2019 – Mr Francois confirms that he has still not received all the information he had requested from the trustees. [21] In addition, Ms Bennett submitted that the Court’s supervisory jurisdiction over trusts is well known and in this case the Court had already initiated action with the appointment of Mr Francois. More import...

9. Lewis v New Zealand Law Society [2018] NZLCDT 33 [pdf, 243 KB]

   ...point that, because of concerns about long-term effects of her head injury, Ms Lewis provided the Tribunal with a full neuropsychological assessment which she had recently had carried out. [48] We emphasise that neurological difficulties did not form part of the Practice Approval Committee decision but since we have been provided with this evidence, we should note that there were matters of some concern highlighted by it. Ms Lewis was assessed as a very high functioning and highly...

10. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

    ...intend that Ms Laboyrie would decide to purchase on the faith of what was in the Trade Me advertisement and said to her. [62] In other words, without checking the records, Mr Prout endeavoured to convey to Ms Laboyrie the information that she requested, albeit in the most favourable for the vendors. The way in which he gave evidence suggested to me that he was capable of giving different explanations that could not be reconciled, even though he was not lying in doing so. The deg...