Search Results

1. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...area of land that could be included in a resurvey of the current natural boundaries of Parahaki Island. 5. For a definition of what physical features constitute the water boundary, I was guided by definitions in the: (a) Section 2(1) of the Resource Management Act 1991, where 'bed' means "(a) in relation to any river — (i) for the purpose of esplanade reserves, esplanade 10 Archaelogical survey and assessment of effects Parahaki island at 21. 11 Affidavit C...

2. Boulton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 135 [pdf, 228 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [18] In Cullen,3 the Court of Appeal stated the following principles applying to the...

3. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...backfilled the open trenches and other trades persons employed by them carried out work which, pursuant to the contract between XL and II and BI, was the responsibility of XL. [22] I therefore find that XL failed to ensure that it had the requisite resources to undertake the project. I also find that there were aspects of the project which were not carried out with reasonable care and skill including the bedding and haunching of the pipework and failing to provide for the disposal of wat...

4. McKenzie v ACC (Leave to appeal to the High Court) [2024] NZACC 65 [pdf, 232 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [49] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

5. Stryder v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 125 (24 July 2024) [pdf, 220 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [32] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leav...

6. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...when they advised that they were ringing about Mr Ford, they were told that he had been fired and that they (Mr Brown and Ms Muir) would be better off without him. [13] The company responded to Mr Ford’s personal grievances through a human resources consultant on 20 September 2022. The same day, the company wrote to Mr Ford advising that it had concerns that he had misrepresented himself to it when applying for the role and was in breach of cl 16, having not advised, when asked...

7. [2025] NZLVT 009 - Jansseune v Kaipara District Council (14 March 2025) [pdf, 9.3 MB]

   ...to Part IVA Conservation Act 1987 (Affects part formerly contained in CT 331516) Subject to Section 11 Crown Minerals Act 1991 (Affects part formerly contained in CT 331516) 7543353.3 Consent Notice pursuant to Section 221 Resource Management Act 1991 - 17.9.2007 at 9:00 am Subject to a right of way over parts marked C, D, E, FA, FB, G and H on DP 388478 created by Easement Instrument 7543353.5 - 17.9.2007 at 9:00 am The eas...

8. [2012] NZEmpC 172 Gregory v CE of the Department of Corrections [pdf, 301 KB]

   ...the executive officer, with a view to setting up a committee once full staffing was in place. In or around October 2006, Mr Gregory was given a three month secondment to the position of Business Coach under Ngaro Nellie Sagar, then the Human Resources Advisor. Ms Sagar claimed that Mr Gregory was reluctant to relinquish his PCO position and, contrary to her instructions, continued to have contact with staff, prisoners and, at times, the management in the visits area. She conside...

9. ENVC Matiatia transcript notice of motion 20150326 [pdf, 478 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2013-AKL-000174 IN THE MATTER OF An appeal pursuant to s87 of Resource Management Act 1991 BY WAIHEKE MARINAS LIMITED Applicant Notice of Motion by Direction Matiatia Inc. seeking order that amended application is “out of scope” Hearing Commenced: 26 March 2015 Court: Judge L Newhook Commissioner A Leijnen Commissioner R Howie Appearances: Mr R Brabant and Mr J Brabant for the Appel...

10. Waitangi Tribunal - Part 2 Rangahaua Whānui District Auckland [pdf, 3.8 MB]

    ...the Waitangi Tribunal, which will receive the final version as evidence in its hearings of claims. Other district reports have been, or will be, published in this series, which, when complete, will provide a national theme of loss of land and other resources by Maori since 1840. Each survey has been written in the light of the objectives of the Rangahaua Whanui project, as set out in a practice note by Chief Judge E T J Durie in September 1993 (see app I). I must emphasise that Rangaha...