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1. Te Hokowhitu v Proprietors of Matauri X - Matauri X [2010] 2010 Maori Appellate Court MB 566 (2010 APPEAL 566) [pdf, 116 KB]

   ...The Incorporation determines who has the right to occupy the land and permission must be sought from them to do so. It was common ground that Mr Hokowhitu did not seek formal permission and had no lawful authority to enter and occupy the land. A private conversation with the Secretary of the Incorporation cannot be the basis for asserting a legal entitlement to enter and occupy the land. [33] In terms of the injunction this Court finds that despite the ambiguity created by the la...

2. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...called at Council level had since left the employ of the Council and the planner now responsible was called in his stead. In respect of landscape witnesses the witness called before Council is no longer responsible for the assessment of tree value upon private land and the person who now has responsibility for that work was called. The Council furthermore obtained a further report from a landscape architect which evidence was not given to Council at first instance. It must be borne in mind that...

3. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   ...increased proportion of Commercial zoned sites near rivers as a permitted activity might have some minimal positive effects on employment numbers. Certainty and sufficiency of information: The proposal has been subject to an appropriate level of investigation as to the effects of the amended provisions, and there are no material gaps in the knowledge base that give rise to any need for a risk assessment. Effectiveness: The proposed amendment is the most effective way to maximise...

4. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...Table 1) led to experts and lawyers driving the process at the expense of homeowners and insurers. To offset this the Tribunal has actively developed inquisitorial processes which allow the Tribunal member to be proactive in the management and investigation of applications and to lead the testing of evidence during hearings. Close case management means the assigned member is familiar with the issues. The Tribunal’s revised practice-notes and guidelines issued in 2022 appear to be wo...

5. Duty Lawyer Operational Policy for CPIP 2024 [pdf, 363 KB]

   ...received agreement to attend to those other commitments by the PDS duty lawyer supervisor, they should notify the PDS duty lawyer supervisor of all the time spent on those other commitments and ensure that the time is recorded as a deduction under the “Private work/Lunch” column of the Duty Lawyer Attendance and Invoice form. 45. Rostered and replacement duty lawyers must: • ensure the Duty Lawyer Attendance and Invoice form is completed and that the PDS duty lawyer supervisor...

6. U Ltd v M Ltd [2025] NZDT 63 (13 February 2025) [pdf, 250 KB]

   ...do file an appeal at the same time, the rehearing application will be heard first. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the procee...

7. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...cause or contribute to leaks? If so, what is the loss or damage that has flowed from that work? WHAT ARE THE DEFECTS THAT HAVE CAUSED THE LEAKS? [8] Noel Casey, the assessor, and Barry Gill, the expert for Mr and Mrs Saffioti, carried out investigations and completed reports on the house. Mr Casey carried out an invasive investigation in early 2010 and took numerous moisture readings around the house. As recorded in his report he found only three areas where the moisture re...

8. Canterbury Earthquakes Insurance Tribunal Act 2019 [pdf, 521 KB]

   ...inappropriate 20 Subpart 2—Adjudication, enforcement, and appeals 37 Managing adjudication of claims and natural justice 20 38 Case management conference to prepare for hearing 21 39 Powers of tribunal 21 40 Tribunal’s powers to seek and receive evidence, investigate, and make inquiries 22 41 Expert advisers 22 42 Hearing of claim 22 Canterbury Earthquakes Insurance Tribunal Act 2019 2019 No 21 2 43 Consolidation of expert evidence on same subject matter for multiple claims 23 44...

9. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   H v A Ltd NZEmpC AUCKLAND [2014] NZEmpC 189 [7 October 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 189 ARC 27/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN H Plaintiff AND A Ltd Defendant Hearing: 13, 14 and 15 August 2014 (heard at Auckland) Appearances: R Harrison QC and C Abaffy, counsel for the plaintiff P Caisley, counsel for the defendant Jud

10. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

    ...the accused, questioning her and conducting searches of her property. As late as 3.15pm on 30 March 2011 Police made contact with the accused and she advised them that she had heard that he had gone to Wellington two or three days ago. Subsequent investigations revealed that the accused was always in contact with Andrews and received texts from him telling her that he had been caught followed by a text that he had gotten away and was at “Auntie Carol’s”. At which point she replie...