Search Results

1. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...Council provided for the abatement notice was that some of the earth was likely crossing the boundaries with two neighbouring properties. The notice provided that the work required a building consent that HM and AM had not applied for. Additionally, a resource consent CI0301_CIV_DCDT_Order Page 5 of 7 was needed if a retaining wall with a driveway on top was over one metre in height and within one metre of the boundary (which was expected in this case). 29. TH provided several...

2. Kumar v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 034 [pdf, 186 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, c...

3. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

   ...concerns about the delay that has occurred, there is insufficient evidence to make a finding that the challenge is not being pursued in good faith. 13 That is the case where a stay of execution is being sought for money judgments, see Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. However, I consider that the same principle also applies more broadly. Would the successful party at first instance be affected injuriously by...

4. Duty Lawyer Policy v 2.13 [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

5. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

   ...the same. 5 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (CA). 6 See Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]–[20]. 7 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. (c) If Mr Maheno is successful in the substantive proceedings before the C...

6. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

7. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

   ...jurisdiction to award costs in respect of 1 Evans v Marlborough District Council [2023] NZEnvC 048; Evans v Marlborough District Council [2023] NZEnvC 066; Evans v Marlborough District Council [2024] NZEnvC 110. 3 this proceeding under s285(1) Resource Management Act 1991 (‘RMA’). Moreover, the Council is willing to make a reasonable contribution to the applicant’s costs but only towards those incurred prior to the court’s interim decision2 issued on 17 March 2023. Th...

8. Mostafa v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 155 [pdf, 178 KB]

   ...Judge McGuire made an error of law capable of bona fide and serious argument. Even if the qualifying criteria had been made out, this Court would not have exercised its discretion to grant leave, so as to ensure the proper use of scarce judicial resources and the finality of litigation. This Court is not satisfied as to the wider importance of any contended point of law. [47] Costs are reserved. Judge P R Spiller, District Court Judge

9. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733; applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 17 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. issue, and whether the challenge is brought in good faith. Depending on the particular circumstances, some factors may carry less or...

10. Guide-for-making-an-appeal-to-the-Taxation-and-Charities-Review-Authority.pdf [pdf, 330 KB]

    ...relate to appeals filed under the Charities Act 2005. Background on the Charities Act 2005 The Charities Act 2005 (the Act) administered by the Department of Internal Affairs seeks to promote public trust, confidence, and effective use of resources in the charitable sector. The Act establishes a register of charities which contains the public and searchable record of registered charities. The independent Charities Registration Board is the decision-maker regarding the registratio...