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1. [2025] NZLVT 019 – Flath v Minister for Land Information (9 May 2025) [pdf, 505 KB]

   ...assertions of the Claimants. The Crown submits:19 27. The Crown’s position is as follows. 28. The Crown has indeed steadfastly maintained a point of principle in this 15 Flath v Minister for Land Information [2025] NZCA 40 at [16]. 16 Tribunal judgment, above 1, at [28] and [32]; and High Court judgment, above n 1, at [114]: “the hypothetical subdivision assessment is undertaken to ensure the full value of the property is recognised. In this case there was some value added by...

2. [2013] NZEmpC 111 Young v Board of Trustees of Aorere College [pdf, 102 KB]

   ...AND BOARD OF TRUSTEES OF AORERE COLLEGE Defendant Hearing: 18 June 2013 (Heard at Auckland) Appearances: Mr Gregory Bennett, advocate for plaintiff Mr Richard Harrison and Ms Emily McWatt, counsel for defendant Judgment: 18 June 2013 ORAL JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiff is challenging a determination of the Employment Relations Authority, declining to re-open a matter investigated and determined by it. 1 The c...

3. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

   ...highly variable, particularly in high-flow locations, and does not tend to increase until enrichment levels are relatively high. Organic matter is therefore weighted less than sediment chemistry. There is, of course, a residual degree of expert judgement in these weightings. 25 Newcombe affidavit dated 11 June 2021 at [36]. 26 Newcombe affidavit dated 11 June 2021 at [37]. 27 Newcombe affidavit dated 11 June 2021 at [38] 15 [34] Dr Newcombe further comments that th...

4. Barnes v Adlam – Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184) [pdf, 291 KB]

   ...Dowthwaite, for the trustees of Matata 39A 2A Trust Ms B Arapere, for the trustees of Matata 39A 2B 2B 2A Trust Ms T Wara, for Helen Savage and Raelyn Peita Mr M Sharp, for Lawrence Niao and Rihi Niao Mr D Hughes, for Beverley Adlam Judgment: 10 September 2015 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Mr D Dowthwaite, DX JP30009, Rotorua 3046 – Ms B Arapere, DX CP 2053 – benadette@wwandd.co.nz Ms T wara, DX JP30025, Rotorua 3046 – terena@tu...

5. Allan v Christchurch City Council [pdf, 81 KB]

   ...of Lords in Williams. William Young P carefully examined the evidence relating to Trevor Ivory Limited. At [23] it was noted the company was a one-man company owned and controlled by Mr Trevor Ivory.12 His Honour then cited Lord Steyn’s judgement in Williams at 837 – 838: “Postulate a food expert who over ten years gains experience in advising customers on his own account. When he incorporates his business as a company and he so advises his customers… Surely, it canno...

6. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 October 2024 Held at: Nelson District Court Appearances: A Brooke for the Appellant J Maslin-Caradus and T Babe for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dat...

7. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...Employment Relations Authority BETWEEN GEORGE LYE Plaintiff AND ISO LIMITED Defendant Hearing: On the papers Appearances: SR Mitchell, counsel for plaintiff K Ashcroft and JN Steele, counsel for defendant Judgment: 3 November 2021 JUDGMENT (NO 3) OF JUDGE K G SMITH [1] George Lye sought a compliance order against ISO Ltd. He did so because the employment agreement they have does not comply with pt 6 of the Employment...

8. [2023] NZEnvC 262 Puketotara Lodge Ltd v Bluegum Gospel Hall Trust [pdf, 231 KB]

   ...the ability to review and declare whether an administrative decision was appropriate. This was reinforced by the Environment Court in Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council:10 [69] For those reasons, in my judgment the scope of any other matter under s 310(h) of the RMA is not unlimited and does not provide a basis, on its own, for the Court to judicially review an administrative action under the RMA. … [79] I do not consider that the Enviro...

9. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 180 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under clause 14 of Schedule 1 to the Act relating to the proposed Thames-Coromandel District Plan BETWEEN NORTHERN LAND PROPERTY LIMITED (ENV-2016-AKL-000116) Appellant AND THAMES-COROMANDEL DISTRICT COUNCIL Respondent AND PRESERVE NEW CHUM FOR EVERYONE INCORPORATED WHANGAPOU

10. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

    ...position to pay him or when certain milestones were achieved (the first important one being the reconciliation of the Body Corporate fees said to be owed by Mr M). This would fit with the narrative that as funds became available from successful judgments, that Mr M would be in a position to pay him. [65] Mr McMenamin points out that with such a highly unusual arrangement as alleged by the client Mr M, if it existed, it ought to have been reduced to writing.22 20 Report by Investi...