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1. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...approved in Re A was this passage:6 “Both in law and in ordinary speech the term “misconduct” usually implies an act done wilfully with a wrong intention, and conveys the idea of intentional wrongdoing. The term implies fault beyond the error of judgment; a wrongful intention, and not a mere error of judgment; but it does not necessarily imply corruption or criminal intention, and, in the legal idea of misconduct, an evil intention is not a necessary ingredient. The word is suff...

2. ORC & Lower Waitaki Irrigation Company Ltd - EIC - Keri Johnston - 17 September 2021 [pdf, 763 KB]

   ...will have been involved in the design or construction of the animal effluent storage facility, and therefore, the certification is based solely on what can be seen. Those persons who meet the criteria know what to look for and are able to make judgement decisions based on what is visible, and that is why the criteria of such a person is important in this context. Certification of ancillary components 53 Rule 14.7.1.1A(b) relates to components of an animal effluent systems tha...

3. Mabruk v The Real Estate Agents Authority (CAC 409) and Watson (not participating in appeal) [2018] NZREADT 74 [pdf, 215 KB]

   ...but would look at offers below that. He said that on one occasion, he told the vendors that the market value could be around $650,000. [6] The vendors said in a statement to the Committee that that they were very clear as to their “bottom line” sale price of $700,000 prior to listing. At the hearing there was no dispute that Mr Mabruk was aware that the vendors’ bottom line was $700,000. [7] On 3 May, the owners signed a general agency agreement with Mr Mabruk as listin...

4. [2022] NZEnvC 122 Tauranga Environmental Protection Society v Tauranga District Council [pdf, 369 KB]

   ...Act 2011 which governs such applications for leave to appeal]. It does not justify consideration by this Court. The matter was accordingly to be remitted to the Environment Court for further consideration in accordance with the High Court’s judgement. By memorandum dated 9 March 2022, however, counsel advised that Transpower had provided written notice to the District and Regional Councils under s 138 of the RMA to surrender the resource consents that had been granted by the Co...

5. Tere - Kinohaku West TT1 [2021] Chief Judge's MB 574 (2021 CJ 574) [pdf, 362 KB]

   ...necessary in the interests of justice to remedy the mistake or omission. [7] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and myself. These are to be found in the judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)3 and in Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block.4 I do not propose to repeat those principles again in this judgment. [8] However, for the benefit of...

6. McAsey and Gill v Wellington 356 Committee APPEAL [2011] NZLCDT 41 [pdf, 216 KB]

   ...documents could be signed. On being instructed at that point by Mr Munro that he had decided not to proceed with a sale, she advised the purchasing neighbour’s solicitor accordingly; (g) Ultimately the neighbour was successful in obtaining a judgment for specific performance and costs against Mr Munro in the District Court in respect of the failure of Mr Munro to complete the sale. [24] The 357 Committee found that the First Appellant had been negligent in her professional ca...

7. Rice - Part Rangiuru No2A Roadway (2014) 107 Waiariki MB 148 (107 WAR 148) [pdf, 162 KB]

   ...Ture Whenua Māori Act 1993 IN THE MATTER OF PART RANGIURU NO 2A ROADWAY GEOFFREY NELSON RICE Applicant Appearances: 10 Waiariki MB 32 dated 5 August 2014 (Heard at Rotorua) Judgment: 17 November 2014 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Geoffrey Rice seeks a determination of ownership per s 18(1)(a) of Te Ture Whenua Māori Act 1993 of Part Rangiuru No 2A Roadway (“the unformed road”)...

8. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...Third Plaintiff AND TASMAN CARGO AIRLINES PTY LIMITED Defendant Hearing: 25 July 2023 (Heard at Auckland) Appearances: R McCabe and J Hall, counsel for plaintiffs K Dunn and K Creagh, counsel for defendant Judgment: 20 December 2023 JUDGMENT OF JUDGE K G SMITH [1] On 16 June 2019 an email was sent by Michael Young, Tasman Cargo Airlines Pty Ltd’s Chief Executive Officer (CEO) to all of the company’s staff. Among the gen...

9. Form 35 Certificate of Judgment Order [docx, 54 KB]

   Guidance on Using the Certificate of Judgment/Order Template (Form 35 of the District Court Rules 2014) About the Certificate of Judgment/Order [bookmark: Purpose]A certificate of judgment/order is either: · Used for evidential purposes, usually for bankruptcy proceedings · Used for the purpose of removing a District Court judgment/order into the High Court. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have t...

10. [2025] NZEmpC 140 Otira Stagecoach Hotel Ltd v Wright [pdf, 139 KB]

    ...application for costs BETWEEN OTIRA STAGECOACH HOTEL LIMITED Plaintiff AND JOHN CHARLES WRIGHT Defendant Hearing: On the papers Appearances: L Rowntree, agent for plaintiff J Kaye, counsel for defendant Judgment: 9 July 2025 COSTS JUDGMENT OF JUDGE K G SMITH [1] On 9 June 2025, Otira Stagecoach Hotel Ltd’s challenge to a decision of the Employment Relations Authority was dismissed.1 Costs were reserved, and provis...