Search Results

1. [2018] NZEnvC 091 Aquastar Holdings Limited v Kawerau District Council [pdf, 5.9 MB]

   ...did not meet the requirements of the building code in terms of durability and external moisture, and therefore that the Council considered that the remedial work was not satisfactory. I directed the parties that I would continue to consider the matters on the papers, but including the most recent memoranda. [24] On 9 April 2018, Ms Bhana filed a memorandum taking issue with the Council's previous memorandum, stating: (a) the roofing material had been replaced with quality seco...

2. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...disputed recollections, it was not possible to make a finding that the conversation contained any misleading information. Mr R also pointed out that Mr U had directed him to Mr T for further information and had declined to give his own advice about a matter that would have been within his expertise. However, Mr T and Mr U both acted for the vendors, and had no duty under the contract to advise Mr R about the state of the boat. Furthermore, Mr U had only passed on the report. He had no...

3. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2012] NZLCDT 20 LCDT 021/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 and the Law Practitioners Act 1982 BETWEEN AUCKLAND STANDARDS COMMITTEE NO. 1 Applicant AND BARRY JOHN HART of Auckland, Lawyer CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms C Rowe Ms M Scholtens QC Mr P Shaw Mr B Stanaway HEARING at Auckland on 16 and 17 July 2012...

4. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...That suggests two things. First, that the legal costs of preparing for and attending at an investigation meeting should be modest. Second, imposing a substantial costs burden on unsuccessful litigants almost inevitably gives rise to access to justice issues, particularly (although not exclusively) for employees. This has particular relevance to the weight that might otherwise be given to Calderbank offers in the Authority, and whether the ‘steely’ approach that is said to app...

5. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...Catering Ltd (PRI) and Mr Hay should pay the balance on a joint and several basis. [4] For Ms Alim, Ms Wendt argued that the jurisdiction to make orders of this type may need to be considered. It was also submitted Ms Alim had attempted to resolve matters practically, and she had been largely successful. Ms Wendt argued that no award for costs should therefore be made against Ms Alim in relation to the proceeding in this Court. [5] With regard to Ms Alim’s costs challenge, it...

6. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

   ...that he is a 50% shareholder in the land and that his father, Putere, was in fact the owner of the house, and that Putere's interest passed to Terence by succession and a family arrangement between Terence, his mother and his siblings. 2. The matter was heard on the 29th May 2006 before Judge Harvey, and Thomas gave oral evidence at that time. Judge Harvey adjourned the matter to allow the parties to file closing submissions. The file was then referred to me for decision. Facts...

7. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) [pdf, 238 KB]

   2016 Māori Appellate Court MB 329 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAKITIMU DISTRICT A20120007050 APPEAL 2012/4 UNDER Section 86, Te Ture Whenua Māori Act 1993 IN THE MATTER OF An appeal by Hohepa Mei Tatere and Te Aroha Edwards, against orders of the Māori Land Court made on 29 March 2012 at 15 Takitimu MB 4-14 and on 4 April 2012 at 15 Takitimu MB 203-221 in respect of Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) also known as Ngawapur...

8. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...structure or living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is cited. [5] Counsel for the parties had helpfully conferred to identify the matters in issue in relation to this prelimina1y question of jurisdiction. They presented their submissions in relation to the following four questions: 2 1. Is the application for a subdivision that is other than a non-complying activity...

9. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 051 ACR 215/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN SHONA FEAVER Applicant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Submissions: P Sara for the Applicant S Winter for the Second Re

10. [2016] NZEmpC 20 Roy v Board of Trustees of Tamaki College [pdf, 522 KB]

    CHRISTOPHER SCOTT ROY v BOARD OF TRUSTEES OF TAMAKI COLLEGE NZEmpC AUCKLAND [2016] NZEmpC 20 [14 March 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 20 ARC 92/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CHRISTOPHER SCOTT ROY Plaintiff AND BOARD OF TRUSTEES OF TAMAKI COLLEGE Defendant Hearing: 13, 14, 15, 16 and 17 July, and 30 September 2015 (Heard at Auckland)