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1. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...is, in proceedings where Mr Fehling is also the plaintiff, it will be difficult for the same Tribunal members “to take a fresh look at the matter and to change [their] mind”. It is therefore appearance rather than actual bias by reason of prejudgment that is the concern of Mr Appleby. [6.4] By analogy with Livesey v New South Wales Bar Association (1983) 151 CLR 288, (1983) 47 ALR 45 the three members of the Tribunal who heard the proceedings against South Westland Area School are...

2. Housing Corporation of New Zealand v Trustees of housing 1B3B2A– Waimanoni 1B3B2A (1996) 19 Kaitaia MB 227 (19 KT 227) [pdf, 3.5 MB]

   ...the house and the site and to apply the net proceeds of monies received in reduction of the indebtedness. to sever and remove the house from the site. (e) Reference will be made to the specific terms of the Deed as appropriate, throughout the judgment. Evidence was given that the borrower was in default in his payments as from the I 8th December I 990, to the intent, that the total arrears owing a~ at the 29th March 1995 amounted to $24,626.57. Evidence was also given that no pay...

3. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   ...area. When walls with suspect joinery were added and they were below roof areas with ponding board issues, the balance of low risk cladding became quite small. IS THE AUCKLAND COUNCIL LIABLE FOR THE CLAIMANTS’ LOSSES? [51] In his judgment Dicks v Hobson Swan Construction Ltd,1 Baragwanath J held that it was the task of the Council to establish and enforce a system that would give effect to the Building Code. Because of the critical importance of seals as the substitu...

4. Irving and D'Cunha v CAC and Brown [2017] NZREADT 42 [pdf, 333 KB]

   ...was not sent on in its entirety is the explanation in the letter dated 1 September 2014. The Tribunal have to therefore determine the questions on the basis of the email, and on the 1 September 2014 letter of explanation and the extract from the judgment in the District Court concerning this evidence. [11] The information that the Complaints Assessment Committee had is set out in paragraph [1.9] which is: “1.9 In particular, the Licensee commented (through his solicitor) that:...

5. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...Authority BETWEEN MICHAEL MURPHY Plaintiff AND STEEL & TUBE NEW ZEALAND LIMITED Defendant Hearing: 6 September 2007 (Heard at Christchurch) Appearances: J A Wilton, Counsel for Plaintiff Barry Dorking, Counsel for Defendant Judgment: 16 October 2007 JUDGMENT OF JUDGE A A COUCH [1] Michael Murphy was employed in the Christchurch steel store of Steel & Tube New Zealand Limited. His work involved handling and cutting heavy pieces of metal. The wo...

6. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018J NZEnvC 183 of the Resource Management Act 1991 of an appeal under clause 14 of Schedule 1 to the Act PORT OTAGO LIMITED (ENV-2016-CHC-086) Appellant OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner R M Dunlop Environment Commissioner D J Bunting Hearing: at Dunedin on 19 February 2018 (Final submissions

7. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   CATHERINE STORMONT v PEDDLE THORP AITKEN LIMITED NZEmpC AUCKLAND [2017] NZEmpC 71 [6 June 2017] ATTENTION IS DRAWN TO THE NON-PUBLICATION ORDERS REFERRED TO AT [129] OF THIS JUDGMENT IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 71 EMPC 48/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CATHERINE STORMONT Plaintiff AND PEDDLE THORP AITKEN LIMITED Defendant Hearing: 18-26 Octo...

8. Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust [2019] Māori Appellate Court MB 52 (2019 APPEAL 52) [pdf, 264 KB]

   ...TE RŪNANGA O NGĀTI MARU (TARANAKI) TRUST Respondent Hearing: On the papers Court: Judge Wainwright (Presiding) Judge Coxhead Judge Doogan Appearances: J Kahukiwa for Appellant S Hughes for Respondent Judgment: 24 January 2019 JUDGMENT OF THE COURT AS TO COSTS Copies to: J Kahukiwa, Corban Revell Lawyers, DX DP 92558, Auckland jkahukiwa@corbanrevell.co.nz; S Hughes QC, Bank Chambers PO Box 8213, Ne...

9. Auckland Standards Committee v Murray [2014] NZLCDT 88 [pdf, 103 KB]

   ...amount of community work is the appropriate outcome.”5 At paragraph [42] His Honour pronounced sentence: “So, therefore, you are sentenced to 50 hours community work.” Such a sentence is not available in the absence of a conviction. (c) The judgment of Venning J of 28 February 2014 recorded:6 “On 1 October Judge R Collins dismissed Ms Murray’s application for a discharge without conviction, convicted her and sentenced her to 50 hours community work. [3] Ms Murray appeals...

10. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

    ...C H Toogood QC and N K Dines for Appellant P Cranney, S Mitchell and A J Connor for Respondent D B Collins QC, Solicitor-General, J Holden (on 28 October 2010) and E J Child (on 13 December 2010) for the Intervener, the Attorney- General Judgment: 17 February 2011 14:00:00 JUDGMENT OF THE COURT A The appeal is dismissed. B The appellant must pay the respondent costs for a complex appeal on a band A basis, plus usual disbursements. We certify for second counsel. RE...