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1. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...are matters which have not been materially altered by the new evidence, and the basis for my initial view that there was an arguable case remains unchanged. There is no challenge to my findings on the balance of convenience, and indeed I was informed the defendants’ concerns about the possibility of violence have not been borne out in practice. [30] A similar line of thinking has been followed in the Australian jurisdiction. In Fenell Tyres International Pty Ltd v Marathon Tyre...

2. [2020] NZREADT 15 - Motupally - Interim Decision (12 May 2020) [pdf, 259 KB]

   ...effect. [28] The Notice of Appeal asserts that Mr Flannagan’s advice on 28 July 2018 about how much rent had to be paid made the appellants aware of “huge rent” which occurred on 28 July 2018. It also refers to the fact that the appellant requested a meeting with the licensees to “resolve rent variation and signage costs” but the licensees were “not helpful at all, instead advised it was too late to resolve at this stage and I would risk losing all my investment. The...

3. [2022] NZEmpC 62 Craighead Diocesan School Board of Proprietors v Thompson [pdf, 250 KB]

   ...on those subjects it could not be said that there was a determination on “matters or issues it considers require determination in order to dispose of the matter”. [31] To reinforce the argument Ms Ryder pointed out that the Authority’s request for further information could only arise where it had not determined the case.25 That was said to indicate the Authority had not intended its decision to have concluded relevant matters or issues. [32] For two reasons Ms Ryder did n...

4. [2022] NZACC 40 – Estate of Beverley Woods v ACC (15 March 2022) [pdf, 290 KB]

   ...remaining 50% due to Alzheimer’s dementia.” [60] Dr Linton added: I wouldn’t suggest another review would be needed, unless she needed to move to a different level of care, for example for agitation as a result of her dementia. [61] ACC requested a further review of the appellant, which Dr Baker provided on 3 February 2020. As mentioned, in his report of 17 January 2018, Dr Baker had suggested a further assessment 18 months later. So, this further assessment in fact...

5. Puha v Crawford - Mokoia 19A (2021) 439 Aotea MB 68 (439 AOT 68) [pdf, 363 KB]

   ...should have been distributed to the Tucker family rather than to Ms Nepia solely. Ms Batt also submitted that an additional sum of $4,400.00 was paid separate to the $12,000.00. [16] Further, it had been claimed by the trustees that Ms Nepia requested payment of the Tucker whānau share of the proceeds because her brother Robert Tucker Junior had agreed that she should do so on behalf of the family. Counsel contended it is a responsibility of trustees to ensure that the proper b...

6. [2021] NZEnvC 169 Prime Property Group Limited v Wellington City Council [pdf, 261 KB]

   ...the planning witnesses for the parties that the application has the status of discretionary unrestricted and is to be dealt with under s127 of the RMA. They also agree that there is no relevant permitted baseline. The existing static billboards form part of the existing environment. While dealing with a different activity status, we do note that among the assessment criteria in the District Plan for restricted discretionary activities is Rule 15.3.4 Signs (other than Temporary Signs...

7. Security Information in Proceedings Bill [PDF, 1.1 MB]

   ...6490402_1 Level 3 Justice Centre 19 Aitken Street PO Box 2858 DX SP20208 Wellington 6140 New Zealand Ph: +64 4 472 1719 Fax: +64 4 473 3482 www.crownlaw.govt.nz 30 September 2021 Attorney-General Security Information in Proceedings Legislation Bill [PCO22599/11.8] – Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/333 1. We have considered the Security Information in Proceedings Legislation Bill in draft (version 11.8...

8. Nicholas v Te Amo - Te Whaiti-Nui-A-Toi Block [2021] 2021 Maori Appellate Court MB 273 (2021 APPEAL 273) [pdf, 274 KB]

   ...to Phyllis’ occupation of the land, they did not have the authority to grant such consent, as at the relevant time that authority sat with the Ministry of Forestry as the lessee of the land. Therefore, it is not reasonable for Phyllis to have formed an expectation that the trustees would allow her to occupy the land over and above what was provided for in the Ministry of Forestry licence to occupy. (iii) The right of occupation was settled when a licence was granted by the Minist...

9. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...unsuccessful; her dismissal by MSD was justifiable. Mrs Waitoa had concerns over treatment of young people [5] The Residence has approximately 30 young people living there. It has approximately 120 staff. It is one of four residences that form part of a range of services within the youth justice system that respond to youth offending and other harmful behaviours. The purpose of these residences is to provide a secure and safe environment for young offenders, support community...

10. [2021] NZEnvC 078 Robins Road Queenstown 2013 Limited v Queenstown Lakes District Council [pdf, 356 KB]

    ...preparation of a s274 notice (for a party which is not claiming costs). [56] The appellants submit that it is clear that: (a) significant costs were incurred after 18 February 2021, when RRL knew that it could wait the appellants evidence (as it had requested) before incurring costs; (b) significant costs appear to have been incurred relating to matters unrelated to the appeal (ie side-discussions / negotiations); and (c) the costs are otherwise significant, suggesting a Roll...