Search Results

1. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...AND BETWEEN TE TUHI ROBUST Applicant AND RACHEL WITANA and TAOKO WIHONGI Respondents Hearing: 20- 21 November 2018, 183 Taitokerau MB 210-374 7 February 2019, 188 Taitokerau MB 1-82 (Heard at Whangārei) Judgment: 11 June 2019 JUDGMENT OF JUDGE M P ARMSTRONG Copies to: M Tuwhare, Afeaki Chambers, P O Box 13-397, Onehunga, Auckland 1643 moana@afeakichambers.co.nz J Burley, K O’Halloran, McVeagh Fleming, DX CP2...

2. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 69 [pdf, 108 KB]

   ...re-hearing of the appellants’ appeal against a decision of Complaints Assessment Committee 10057 (“the appeal to the Tribunal”) is scheduled to begin on 4 December 2017. Four days have been allocated. The re-hearing was directed in the judgment of the High Court 0n 21 August 20151 (subsequently confirmed in a judgment of the Court of Appeal)2. [2] On 18 August 2017, the Tribunal made directions (by consent) in relation to the re-hearing of the appeal to the Tribunal, includi...

3. [2020] NZEnvC 157 Hawthenden Limited v Queenstown Lakes District Council.pdf [pdf, 2.5 MB]

   ...finding in Decision 2.3 with respect to the lack of any enunciation of landscape values for the Maungawera Valley RCL:5 4 5 ... a more appropriate response to s7(c) RMA for the Valley would be for values to be enunciated so that more informed judgments can be made in resource consent application processes about locations for inappropriate and appropriate activities at a spatial level or scale that transcends the limitations of the individual resource consent application. QLDC mem...

4. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...OF THE NGĀTI RANGITEAORERE KOROMATUA COUNCIL Respondent Appearances: Mr F Geiringer, for the trustees of the Ngāti Rangiteaorere Koromatua Council Mr C Bidois, for A Pirika and W Waetford Mr M McKechnie, for Mrs P Fenwick Judgment: 15 December 2015 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: F Geiringer, Terrace Chambers, PO Box 10201, Wellington 6143 Email: felix.geiringer@terracechambers.co.nz C Bi...

5. [2022] NZACC 58 – Large v ACC (7 April 2022) [pdf, 261 KB]

   ...STEPHEN LARGE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2022 Held at: Auckland/Tāmaki Makaurau Appearances: T Yates, advocate for the appellant L Hawes-Gandar for the respondent Judgment: 7 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 April 2021. The Reviewer dismisse...

6. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...that the complaints relate to matters that have been extensively and conclusively dealt with by the New Zealand courts. The Committee believes that those avenues have exhausted the matter”. Facts [5] The facts are set out in the High Court judgment on the civil dispute between the parties at pages 18 and 19 of the High Court judgment (per Venning J, 22/10/09, Auckland registry CIV-2009-404-004073) as follows: “Background [2] In early 2006 the appellants were interested...

7. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...Plaintiff AND CARBINE AGINVEST CORPORATION LIMITED Defendant Hearing: 26-28 February 2020 (Heard at Auckland) Appearances: T Oldfield, counsel for plaintiff D J France and H G King, counsel for defendant Judgment: 23 July 2020 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Jason Kiteley began employment with Tru-Test Limited (Tru-Test) on 6 September 1999. His employment was terminated on two weeks’ notice by letter dat...

8. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...decided TNT Worldwide Express (New Zealand) Ltd v Cunningham,6 described the enactment of s 6(3)(b) as having been intended to “nudge the law away from the position of almost absolute deference to party autonomy adopted in at least some of the judgments in the TNT case.”7 [36] The Supreme Court had the opportunity to consider s 6 in Bryson v Three Foot Six Ltd (No 2). It explained that “all relevant matters” include the written and oral terms of the agreement between the...

9. LCRO 263/2015 DH v EI costs [pdf, 94 KB]

   ...Introduction [1] On 12 May 2017, I issued a decision (the decision) in which I confirmed the determination by [Area] Standards Committee [X] (the Committee) to take no further action in respect of Mr DH’s conduct prior to the issue of a declaratory judgment by the court, but reversed the finding of unsatisfactory conduct by the Committee in respect of Mr DH’s conduct after the issue of the judgment. [2] The censure and fine imposed by the Committee, together with an order for...

10. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

    ...Samuel Hood (by telephone), to withdraw as counsel for Pacific Palms International Resort & Golf Club Limited Robert Cribb, representative for Pacific Palms International Resort & Golf Club Limited Danny Jacobson, counsel for Mr Smith Judgment: 5 March 2009 ORAL JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff’s solicitor has successfully sought the leave of the Court to withdraw from acting for the plaintiff company on the grounds that the plaintiff has not...