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1. Marshall & McCardle [2011] NZWHT Auckland 5 [pdf, 89 KB]

   ...considered as having been built. In particular, he concluded that the adjustment of ground levels would be required in order to give effect to the plans. Ultimately however, Lang J concluded that a decision as to when a house was built was a matter of judgment based on all the information that is available to the decision maker. [15] In deciding whether the claim is eligible it is helpful to set out a chronology of events: Building consent issued 17 November 1998 Cros...

2. [2017] NZEnvC 176 Aitchison v Wellington City Council [pdf, 496 KB]

   ...effect that might have in resolving what might be a fair and reasonable contribution to the Aitchisons' costs is to be considered shortly. [3] For completeness, we note that the declaration decision was upheld on appeal to the High Court in a Judgment delivered by Clark Jon 9 June 2017.2 [4] The other, quite separate, proceedings dealt with the issue of the adverse effects of the fence/structure in terms of the duty to avoid adverse effects contained in s17 Resource Managemen...

3. 2019 NZPSPLA XXXXXX/2016 [pdf, 160 KB]

   ...misconduct on the part of Mr R. Sixth and Eighth complaint [22] Once Mr C made it clear he was not prepared to provide any information about his friend he says that Mr R’s behaviour was offensive and inappropriate. He says that Mr R passed judgement on him by accusing him of a bad attitude and supporting crime. He also considers Mr R’s closing comment along the lines of “I hope one day something like this happens to someone in your family, so you can see what it is like”...

4. NT v T Ltd [2024] NZDT 715 (4 November 2024) [pdf, 193 KB]

   ...any way. 22. It follows then that I find that T Ltd provided what it was required to. That this has not provided NT with the outcome he desires is either because NT purchased the wrong part for his purposes (a decision he took solely on his own judgement) or because there have been issues with how the coilover kit has been installed in his car. I therefore dismiss NT’s claim as he has failed to show there was any default by T Ltd. Referee: S Simmonds Date: 4 November 2024...

5. pre-2009 Decisions of public interest

   ...Decisions of note 2008 Decisions of note 2007 Decisions of note 2006 Media advisories From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law. Decisions of note 2008 New Zealand Tramways and Public Transport Employees Union Inc & Anor v Transportation Auckland Corporation Limited & Cityline (NZ) Ltd AC 48...

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6. [2014] NZEmpC 152 Davis v Commissioner of Police [pdf, 177 KB]

   ...to 13 June 2014 (Heard in Whangarei) 30 June to 3 July 2014 (Heard in Christchurch) 7 and 8 July 2014 (Heard in Christchurch) Appearances: J Goldstein and L Ryder, counsel for plaintiff E Child and R Groot, counsel for defendant Judgment: 19 August 2014 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Both of these sets of proceedings involve applications by Constable Davis for remedies resulting from alleged disadvantage grievances pursuant to the pr...

7. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...2013 Appearances: P Nee Harland, counsel for the Applicant D Edmunds, counsel for the First Respondent Isabella Clarke, counsel for the Second Respondent Tania Hopmans, for the Third Respondent Ranui Tuatua, for the Fourth Respondent Judgment: 31 May 2013 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: P Harland, P O Box 8025, Havelock North 4157, llmhons@gmail.com Ms D Edmunds, Kensington Swan, DX SP26517, Wellington Deborah.edmunds@kensington...

8. Stanley v Committee of Management for Maraeroa C Inc. - Maraeroa C Inc. (2021) 217 Waikato Maniapoto MB 242 (217 WMN 242) [pdf, 241 KB]

   ...I WAENGA I A Between KELVIN EDWARD STANLEY Te kaitono Applicant ME And COMMITTEE OF MANAGEMENT FOR MARAEROA C INCORPORATION Te kaiurupare Respondent Nohoanga: Hearing On the papers Whakataunga: Judgment date 19 March 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of Judge D H Stone Copies to: C Bidois, O Lynch, Morrison Kent Lawyers, PO Box 1742, Rotorua 3040, curtis.bid...

9. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...manner. [26] The purpose of a s 30 application is to determine the most appropriate representative for a specified purpose, not to resolve historical grievances or relitigate issues before the Court. Similarly, and as has been set out in other judgments under s 30 including Ngāti Pāoa Iwi Trust v Ngāti Pāoa Iwi Trust Board, the Court is not the ideal forum to resolve whakapapa disputes. To repeat what is set out in that decision, “placing one part in a position of strength b...

10. Dixon - Succession to Pairama Ngutahi [2024] Chief Judge's MB 14 (2024 CJ 14) [pdf, 355 KB]

    ...I WAENGA I A Between LYNETTE ROSEMARY DIXON Te Kaitono Applicant Nohoanga: Hearing 23 March 2023, 2023 Chief Judge’s MB 388-402 (Heard at Rotorua) Kanohi kitea: Appearances [ ] Whakataunga: Judgment date 9 January 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ MĀTUA C L FOX Judgment of Chief Judge C L Fox : 2024 Chief Judge's MB 15 Hei tīmatanga kōrero Introduction [1] Lynett...