Search Results

1. [2019] NZEnvC 206 Lake McKay Station Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...agreed with Ms Smetham that the threshold for naturalness is a "Moderate to High" level but that Ms Smetham does not agree that the appeal land reaches that threshold.66 Rather than this being simply a matter of different expert's judgements, Mr Shiels submits that Ms Mellsop derives her view from a methodology that is unsound and materially departs from what the Landscape Methodology JWS and Hawthenden JWS recommend . [66] He submits that Ms Mellsop's approach s...

2. Appellate judgments 2016

   Supreme Court [2016] NZSC 143 Lowe v Director General of Health LEAVE TO APPEAL GRANTED – whether the applicant was a homeworker and thus an employee of the Ministry of Health. [2016] NZSC 108 ASG v Hayne LEAVE TO APPEAL GRANTED – whether disclosing information was breach of the Criminal Procedure Act 2011 – whether the information could have been used anyway. [2016] NZSC 84 NZ Air Line Pilots' Association Incorporated v Air New Zealand Ltd Leave granted NZALPA to appeal from the CA decis

   Located in:

   1. Employment Court >
   2. Judgments >
   3. Appellate court judgments

3. [2021] NZREADT 20 - Sheldon (5 May 2021) [pdf, 233 KB]

   ...is of concern if it is indeed a common marketing strategy to advertise a property at a price which is below the vendor’s bottom line, without having the vendor’s instructions to do so. This is particularly so in the light of the High Court judgment in Commerce Commission v Whitehead in 2007 (a case which concerned marketing of real estate) that it is misleading conduct to indicate a price that is below the vendor’s price expectation.11 We would have thought that that judgmen...

4. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...In the matter of Part Tokaanu B2L - Partition I WAENGA I A Between TIAHO MARY PILLOT Ngā kaitono Applicant Nohoanga: Hearing 12 July 2024, 488 Aotea MB 20-31 (Heard at Wellington (by Zoom) Whakataunga: Judgment date 12 July 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ M J DOOGAN Judgment of Judge M J Doogan 488 Aotea MB 33 Hei kōrero tīmatanga Introduction [1] This is an oral decision on an...

5. LR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 109 [pdf, 286 KB]

   ...LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN LR Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: J Carrigan for the Appellant F Becroft for the Respondent Judgment: 10 July 2023 JUDGMENT OF JUDGE D L HENARE [Leave to appeal to the High Court Section 162(1) Accident Compensation Act 2001] [1] The applicant, by his guardian father, applies for leave to appeal to the High Court pursuant...

6. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PA

7. [2007] NZEmpC WC 31/07 The Wellesley Ltd v Adsett [pdf, 58 KB]

   ...Relations Authority BETWEEN THE WELLESLEY LIMITED Plaintiff AND CRAIG ADSETT Defendant Hearing: 16 October 2007 (Heard at Wellington) Appearances: Bridget Fleming, Counsel for the Plaintiff S N Meikle, Counsel for the Defendant Judgment: 3 December 2007 JUDGMENT OF JUDGE C M SHAW [1] The Wellesley Limited (The Wellesley) employed Craig Adsett for about 2 weeks during which he worked at its camp conference centre. He believed he had a permanent position,...

8. Memorandum of Costs and Disbursements [docx, 36 KB]

   ...on Using the Memorandum of Costs and Disbursements Template About the memorandum of costs and disbursements [bookmark: Purpose]A memorandum of costs and disbursements is used to detail the costs and disbursements you are claiming when applying for a judgment by default. When claiming costs you can find the time allocations at Schedule 4, and recovery rate at Schedule 5 of the District Court Rules 2014. Note you cannot claim costs, only disbursements, if you are an officer of a company repres...

9. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...possible occurrence) of the loss. It is not necessary for the cause to be the sole cause, main cause, direct cause, indirect cause or “but for” cause. No form of words will ultimately provide an automatic answer to what is essentially a broad judgment. WHETHER MS WEEN’S PRIVACY HAS BEEN INTERFERED WITH [18] To make the case that her privacy has been interfered with, Ms Ween must satisfy the Tribunal that the breach of IPP 11 by Betty’s Empire: [18.1] Has caused or may cause h...

10. [2021] NZEmpC 202 Orora Packaging Ltd v E Tu Inc [pdf, 203 KB]

    ...LIMITED Plaintiff AND E TŪ INCORPORATED Defendant Hearing: 16 November 2021 (Heard at Auckland) Appearances: P Skelton QC, A Drake and R Judd, counsel for plaintiff P Cranney and E Griffin, counsel for defendant Judgment: 19 November 2021 INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Application to exclude evidence) [1] Orora Packaging Ltd (Orora) challenges a determination of the Employment Relations Authority.1 The challenge i...