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1. LCRO 216/2020 YH v DP (29 July 2021) [pdf, 176 KB]

   ...reach of its assessment to at least September 2017, being two years before Ms YH lodged her complaint. 3 See the table prepared by the Committee at [13]. 4 Standards Committee decision at [10], in which the Committee referred to the well-known judgment of the Court of Appeal in: Cortez Investments Ltd v Olphert and Collins [1984] 2 NZLR 434 (CA) at 441. 6 [29] Review Officers have routinely held, as have Standards Committees, that “special circumstances” exist to go beyond...

2. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

   ...that has arisen from more than one factor. Mr C may be one of those factors. IN’s own way of doing business is another. 46. B Ltd only ever saw this as a stale claim from an experienced litigant and treated it accordingly. It presented a judgment of the Supreme Court (M v Collins & May [2019] NZSC 114) in which IN was denied leave to appeal out of time for a decision of the Court of Appeal to overturn a significant costs award made in the High Court that had originally bee...

3. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...of those have been appealed. The first, relating to the Tribunal’s costs jurisdiction, was partially upheld in a decision issued in December 2022. The second, a substantive appeal of orders made against an insurer, was heard in June 2023, and judgment was issued on 13 July 2023. The High Court denied leave to appeal, upholding the Tribunal’s substantive decision. No suppression orders have been made so far, but every endeavour is made to anonymise the identity of claimants to...

4. [2024] NZEnvC 099 Trustees of the Spruce Grove Trust v Queenstown Lakes District Council [pdf, 545 KB]

   ...Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [2023] NZEnvC 91. 5 Environment Judge has the same powers that the District Court has in the exercise of its civil jurisdiction. Rule 11.10 DCR6 specifies (relevantly) that a judgment may be corrected by the court if it contains a clerical mistake or an error arising from an accidental slip or omission. I am satisfied with the explanation provided by counsel and determine that the omission of the parallel ame...

5. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...Authority BETWEEN JULIE SHORTLAND Plaintiff AND ALEXANDER CONSTRUCTION COMPANY LIMITED Defendant Hearing: 13 April 2010 (Heard at Hastings) Appearances: Trent Petherick, Counsel for Plaintiff Stuart Webster, Counsel for Defendant Judgment: 13 April 2010 ORAL JUDGMENT OF JUDGE A A COUCH [1] The plaintiff, Mrs Shortland, was employed by the defendant on terms which purported to be a fixed term agreement. In May 2008 that employment ended at the defendant...

6. [2008] NZEmpC WC 8/08 Sealed Air (NZ) v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 39 KB]

   ...AND THE NEW ZEALAND AMALGAMATED ENGINEERING PRINTING & MANUFACTURING UNION INCORPORATED Defendant Hearing: 5 May 2008 (Heard at Wellington) Appearances: Lorne Campbell, Counsel for Plaintiff JA Wilton, Counsel for Defendant Judgment: 19 May 2008 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This challenge to a determination of the Employment Relations Authority by hearing de novo decides whether the relevant collective agreement permits the employer to direct...

7. Parker - Pt Waipahihi 2B2B Roadline (2012) 52 Waiariki MB 295 (52 WAR 295) [pdf, 120 KB]

   ...Sections 323 and 324, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Pt Waipahihi 2B2B Roadline BETWEEN ELIZABETH PARKER Applicant Hearing: 16 April 2009 6 July 2009 17 February 2012 (Heard at Taupo and Rotorua) Judgment: 11 May 2012 RESERVED JUDGMENT OF JUDGE D J AMBLER 52 Waiariki MB 296 Introduction [1] This judgment concerns the closing of a roadway comprising Māori freehold land and the vesting of that land into the two neighbouri...

8. Seymour v Paenoa Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) [pdf, 214 KB]

   ...BETWEEN MARION CHASE SEYMOUR on behalf of the NGAHUIA RIPEKA WHĀNAU TRUST Applicant AND PAENOA TE AKAU TRUST Respondent Hearings: 339 Aotea MB 274 - 295 dated 14 July 2015 132 Waiariki MB 168-173 dated 20 November 2015 Judgment: 18 April 2016 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] On 3 March 2015 Judge Savage finalised partition orders in respect of Paenoa Te Akau Block. 1 Marion Chase-Seymour, on behalf of the Ngahuia Ripeka Whānau...

9. Morrison - Ngati Whakaue Tribal Lands Incorporation (2004) 283 Rotorua MB 264 (283 ROT 264) [pdf, 727 KB]

   ...unless stated otherwise). I heard this matter on the 15th of March 2004. f indicated at the end of the hearing that I had reached a decision, but because of the importance of the matter J would prefer to reserve the decision and to reduce my judgment to writing. There was ho\;vever I a degree of urgency involved for the parties and t faced considerable Waitangi Tribunal involvement in the medium future. I explained to the parties that there was likely to be delay in producing a re...

10. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

    ...PAUL MORGAN Plaintiff AND TRANZIT COACHLINES WAIRARAPA LIMITED Defendant Hearing: 25 February 2019 (Heard at Wellington) Appearances: G Clarke, advocate for plaintiff M Gould, counsel for defendant Judgment: 28 May 2019 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The plaintiff drives school buses. He has been employed by Tranzit Coachlines Wairapapa Ltd (Tranzit) for over 18 years on a series of fixed-term...