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1. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...intermeddling and exclusivity clauses contain a penalty component because the payment of the full year’s fees, without reduction, is not a genuine pre- estimate of loss because it does not factor in the savings to N Ltd of not having to expend time and resources in the performance of the contract. 21. NN pointed to various other Disputes Tribunal decisions as well as a District Court decision that he says uphold N Ltd’s right to charge the full commission for the year upon cancellati...

2. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...26. Although finely balanced I accept FO is entitled to the figure of $267.37, which I consider covers not only the opportunity cost of not receiving the money as promised, but also represents a reasonable contribution to the additional time and resources he will have to spend in selling the vehicle elsewhere. 27. Finally, FO claimed the $234.00 Disputes Tribunal filing fee. However, s 43 of the Disputes Tribunal Act 1988 states that costs associated with the proceedings, which inclu...

3. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...NZLR 580; (1990) 3 NZELC 97,486; [1989] 3 NZILR 276 at 278 [14] Section 103A also requires the Court to have regard to all the circumstances at the time. Among these are the employer’s contractual obligations to the employee and the resources available to the employer. In this case, Toll is a major transport company with an HR department, contracted health professionals, and policies to deal with the management of its employees’ health issues and disciplinary processes...

4. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...Airways, Air Tahiti Niu, Air Pacific and China Airlines were entered into by PFC, not PRI. The SQ contract with PFC ran from 1 October 2005 until 22 February 2011. It was by far the largest contract involving approximately 40 percent of PFC‟s resources. [14] PRI is the company which operates the business of providing flight catering services and PFC is merely the trademark name of the business which appears on all signage and is how the business was referred to in the trade....

5. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...meeting was held in the cafeteria. When the meeting concluded, the company’s Christchurch manufacturing manager, Mr Peter Kelly, called Mr Hooper out to the front office where he met with Mr Kelly and Ms Natasha Dunbier, the company’s human resources manager from Auckland. Ms Dunbier informed Mr Hooper that they had reasonable cause to believe that he was consuming drugs during working hours and he was, therefore, required to undergo a drug test and give a urine sample. Mr Ho...

6. ENVC Hearing 6Oct14 DM expert Bridget Gilbert [pdf, 208 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF BRIDGET MARY GILBERT (LANDSCAPE AND VISUAL EFFECTS) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 29...

7. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105 (2014) 71 Taitokerau MB 38 (71 TTK 38) [pdf, 1.1 MB]

   ...support of the application. In summary, Mr Robinson gave evidence that the exchange was fair and reasonable taking into account the various works and payments that Mr Whooley was prepared to undertake; and Mr Stringer gave evidence concerning Resource Management Act 1991 (“RMA”) issues and concluded that the exchange would not have a negative impact on the Māori land. [14] Mr Handley submitted that the statutory criteria for an exchange were met and that it was appropriate for...

8. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...reasonably necessary to enable the owner to or occupier of the land to use and enjoy the land for any purpose for which it may be used in accordance with any right, permission, authority, consent, approval, or dispensation enjoyed or granted under the Resource Management Act 1991. [47] There are still very few decisions concerning reasonable access under section 326B, and therefore the case-law developed under the Property Law Act can assist to the extent that decisions of this Cour...

9. Granting aid for Waitangi Tribunal matters policy [pdf, 851 KB]

   ...identify in the supporting documents with the application for legal aid how the application meets these requirements. 33. “Substantial hardship” includes but is not limited to financial hardship (i.e. the claimant(s) do not have the financial resources to pursue their claim). It may also include consideration of the consequences of the claimants not being able to progress a Treaty claim. 34. Financial information is generally not required at the time of an application. However, sec...

10. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

    Chen v NZ Transport Agency IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 220 IN THE MATTER OF an appeal under s 174 of the Resource Management Act 1991 BETWEEN WEIRONG CHEN (ENV-2020-AKL-169) Appellant AND NEW ZEALAND TRANSPORT AGENCY – WAKA KOTAHI Respondent Court: Hearing: Appearances: Chief Environment Court Judge D A Kirkpatrick Environment Commissioner K Prime Environment Commissioner R M Bartle...