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1. Huata v Gotty - Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) (2021) 87 Takitimu MB 251 (87 TKT 251) [pdf, 248 KB]

   ...passage of time, and the lack of response to the application to transfer proceedings, I cannot determine whether Mr Huata and his counsel oppose the application to transfer the proceedings. [18] In summary, it is inefficient and a duplication of resources for proceedings concerning the same land and effectively the same parties to be heard in two separate Courts. Ample opportunity has been given to the parties to explore alternative dispute resolution and to provide further evide...

2. [2019] NZEmpC 68 Randle v The Warehouse Ltd [pdf, 248 KB]

   ...Green v Broadcasting Corporation of New Zealand [1988] 2 NZLR 490 (CA) at 505 per Casey J. [21] The evidence of The Warehouse was that there was no instruction given that people could not speak with Ms Randle. The former Regional Human Resources Business Partner for The Warehouse, who investigated the complaint against Ms Randle, gave evidence before the Authority and by affidavit in Court. She said that there was one point where she was contacted by employees who were co...

3. Grigorovich v Stapleton (Strike-Out Application) [2018] NZHRRT 44 [pdf, 234 KB]

   ...refusing to continue to employ me because of my ethnic/national origins”. [8] As noted earlier, by application dated 11 November 2016, Mr Stapleton and Babbage applied for an order that the proceedings be struck out. Unfortunately, the limited resources of the Tribunal have affected the ability of the Tribunal to hear and determine claims in a timely and efficient manner. There was considerable delay after the filing of the strike-out application before a procedural teleconference wa...

4. Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (2018) 392 Aotea MB 179 (392 AOT 179) [pdf, 345 KB]

   ...against the former trustees can proceed as planned at the November sitting. Mr Watson should therefore contact the case manager urgently and provide an update as to when his client’s evidence will be filed. It would not be a sensible use of resources to start Mr Rudd’s case on 21 November and then to have that adjourned because Mr Taueki’s evidence has been received late, which will have the flow on effect of impeding the filing of responses from the former trustees. [16] In...

5. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...for $550,000, and paid the deposit of $55,000. [3] Some two months later, Mr Yan advised Mr Zhang that there were many problems which made building on the property difficult (including the presence of large lava rocks), and that a different resource consent would be required from the one he had received from the vendor. Mr Yan said that he wanted to get out of the contract, and would rather lose his deposit than pay an unlimited amount later to build on the property. [4] At a...

6. The Crown Minerals (Decommssioning and other Matters) Bill [pdf, 175 KB]

   ...opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.1 11. A number of clauses within the Bill provide that the Minister of Energy and Resources or the chief executive may require a permit or licence holders, and non-permit holders to disclose certain information. New sections compelling provision of information 12. New section 89ZA requires persons who hold a permit or l...

7. [2023] NZEmpC 98 Caisteal An Ime Ltd v Faithfull [pdf, 209 KB]

   ...Rules 2016, rr 14.10 and 14.11; applied via Employment Court Regulations 2000, reg 6. Calderbank offer without any consequences as to costs.11 The Court of Appeal commented that:12 …It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in s...

8. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...land parcels to be held by members of the same hapū and other partitions.4 The former type of partition is informally referred to as a “hapū partition”. A hapū partition can be granted without obtaining a subdivision consent under the Resource Management Act 1991 from the relevant territorial authority.5 Kōrerorero Discussion Is this a hapū partition? [15] This is a hapū partition. The applicant is an existing owner in the block and simply seeks to partition...

9. Jessup v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 70 [pdf, 252 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. Application for Leave to Appeal [12] Mr Jessup did not pose questions of law. He advance...

10. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

    ...shed for removal and a second builder to provide a deck foundation for the shed at MT’s home. Because MT moved the shed to her property before seeking Council approval, J Design was required to provide a Council Code of Acceptance and make a Resource Consent application. The shed work was invoiced 0882 for $1,941.20 and MT paid J Design’s invoice. 3. MT also requested J Design to provide plans to convert the shed into a studio. The design was to include a kitchen, bedroo...