Search Results

1. [2018] NZEnvC 215 35 Limited v Auckland Council [pdf, 172 KB]

   ...through a notified process under Schedule 1 to the Act. Because the correction of a clear error in a plan is intrinsically a desirable thing to do and there is no apparent adverse effect on anyone, the use of the power under s 292 should, in my judgment, be preferred to a plan change. [13] I conclude that there is no good reason why these errors should not be corrected under s 292. [14] One potential jurisdictional issue identified by counsel for the Council is that the power in...

2. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   37 K.H ;;)I:.:J - ~.38 , " ! , IN THE MAORI LAND COURT TAITOKERAU Hearing: Judgment: UNDER A2003000411i Sections 238 and 338(6), Te Ture Whenua Maori Act 1993 and Rule 21 Maori Reservations Regulations 1994 IN THE MA TIER OF Parahirahi C I BETWEEN MEREANA WILLIAMS, MAATA LEE AND W AIOROORO PENE AND 28 July 2004 (Heard at Kaikohe) 20 December 2005 Applicants THE TRUSTEES OF P ARAHIRAHI C I TRUST Defendant JUDGMENT OF JUDGE C L WICKLIFFE [I] This has been...

3. [2011] NZEmpC 90 Prasad v Breakspeare Industries Ltd trading as Coastline Property Services [pdf, 9 KB]

   ...RAMESH PRASAD Plaintiff AND BREAKSPEARE INDUSTRIES LIMITED T/A COASTLINE PROPERTY SERVICES Defendant Hearing: 20 July 2011 (Heard at Hamilton) Counsel: David Hayes, counsel for plaintiff Erin Burke, counsel for defendant Judgment: 25 July 2011 CONSENT JUDGMENT OF JUDGE B S TRAVIS [1] I am pleased to record that the parties, after a part-hearing of this matter, were able to reach an agreement after some suggestions from the Court. [2] The terms o...

4. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

   ...the Standards Committee reserved the right to Ms PL to make further complaints about Mr HM if any matters arose in the course of the High Court proceedings to determine the question of costs incurred in the proceedings issued by Mr HM. [13] The judgment of the High Court was delivered on 29 November 2016. Ms PL’s complaint is dated 25 January 2018 and was lodged with the Lawyers Complaints Service on 9 February 2018. [14] Ms PL’s complaints are divided into issues alleged t...

5. Mathis - Waihou Hutoia D2A (2004) 36 Kaikohe MB 79 (36 KH 79) [pdf, 1.4 MB]

   ...was invited to attend but replied on 24 November 2003 indicating that they had no interest in the matter. I was the presiding judge on 23 January 2004. During my time in hearing I inspected the roadways. On that date my decision was reserved. Judgment The jurisdiction of the Court to make orders cancelling roadways is to be found in a number of sections of Te Ture Whenua Maori Act 1993. There are of course the general provisions of the Preamble, sections 2 and 17. There are also t...

6. Auckland Standards Committee 2 v Halse [2021] NZLCDT 7 (19 March 2021) [pdf, 177 KB]

   ...Judge JG Adams Deputy Chairperson 8 Appendix 1 Chapter 5 Independence 5 A lawyer must be independent and free from compromising influences or loyalties when providing services to his or her clients. Independent judgement and advice 5.1 The relationship between lawyer and client is one of confidence and trust that must never be abused. 5.2 The professional judgement of a lawyer must at all times be exercised within the bounds of the law and the prof...

7. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...HIGH SCHOOL First Defendant AND SECRETARY FOR EDUCATION Second Defendant Hearing: 1 February 2013 (Heard at Wellington) Appearances: Tanya Kennedy, counsel for the plaintiffs Antoinette Russell, counsel for the defendants Judgment: 13 February 2013 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD Introduction [1] In a minute dated 4 December 2012, Chief Judge Colgan made a fixture in this proceeding for 1 February 2013, which was the first available date af...

8. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...moisture comes and goes. And so you might just happen to be there when the moisture is low. [56] Dr Wakeling also expressed a view on the issue of timber replacement at remediation. He said that the wood replacement decision is really a judgement call to be made on the building site by the claimants’ remediation expert. Dr Wakeling stated why it was a decision for the remediation expert during the remedial building: 7 Ms Divich. If you look at your latter report which is...

9. [2023] NZEmpC 205 Supercity Towing Ltd v Huch [pdf, 216 KB]

   ...BETWEEN SUPERCITY TOWING LIMITED Plaintiff AND SAKALIA HUCH Defendant Hearing: 14 September 2023 (Heard at Auckland) Appearances: A Sharp, advocate for the plaintiff G Elwell, counsel for the defendant Judgment: 20 November 2023 JUDGMENT OF JUDGE J C HOLDEN [1] Supercity Towing Ltd challenges part of a determination of the Employment Relations Authority.1 In the relevant part, the Authority found that, as one of the rem...

10. [2025] NZEmpC 144 Lopez v Kāriki Pharma Limited (in liq) [pdf, 222 KB]

    ...Defendant Hearing: On the papers Appearances: E Butcher and TA Preston, counsel for plaintiff S Langton and RL White, counsel for second and third defendants M Richards and D Fielding, counsel for fourth and fifth defendants Judgment: 14 July 2025 INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Leave to discontinue proceedings) [1] This judgment resolves whether leave should be granted to the plaintiff to discontinue proceedings against...