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1. [2021] NZACC 68 - Robinson v ACC (27 April 2021) [pdf, 223 KB]

   ...Corporation to maintain the integrity of the statutory scheme by ensuring only those eligible receive benefits under it. The terms of s 116 reflect the legislature's perception of the scope of powers needed by the statutory body with principal responsibility for the administration of the Act. Thus the power to decline to provide an entitlement, which is conditional on a person entitled acting unreasonably in the manner outlined in s 116(3), is an enforcement power given in t...

2. King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) [pdf, 303 KB]

   ...that the actions complained of did take place but that the individuals contracted were best placed to provide the services that had been sought by the Department of Conservation. [5] It is well settled that the Court may at any time remove a responsible trustee for cause provided that the affected trustee has notice that removal is a possibility.1 At the last hearing, Mr Manukonga was replaced as a trustee following an election at the trust hui-a-tau and the appointment of new tr...

3. [2021] NZSSAA 1 (14 January 2021) [pdf, 146 KB]

   ...Ministry’s report, it reviewed the appellant’s income and reassessed her benefit entitlement between 20 July 2018 and 6 November 2018 after requesting income verification to complete an annual review. On 12 February 2019, in the absence of a response from the appellant, the Ministry estimated her annual earnings for the review period as $24,341.30 and concluded that the appellant had been overpaid $8,719.80. [8] After the first telephone conference convened by the Authority on...

4. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [pdf, 218 KB]

   ...requirements as a chef. [9] However, on 17 May 2019, Mr Lawlor filed another work to residence application for the brother-in-law and his family. Immigration NZ raised concerns about the application, notifying Mr Lawlor. He provided no substantive response, so the work to residence visa was declined on 27 August 2019. Mr Lawlor then filed a reconsideration application on 10 September 2019, but did not ensure that payment of Immigration NZ’s 1 BC v Lawlor [2022] NZIACDT 10....

5. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...NZALPA’s and Airways’ mutual objective to provide “full and active participation of staff in the development of rosters”. [21] The functions of each unit rostering committee are mandatory. Clause 29 provides that those committees shall be responsible for ensuring that rosters: (a) comply with the collective agreement; (b) contain operational coverage adequate for the unit and are reviewed whenever those requirements change; (c) achieve the most effective staff utilisatio...

6. [2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 253 KB]

   ...to challenge, they are of no further effect. [52] The defendant’s application for a sanction is dismissed. [53] Costs are reserved. If these are unable to be agreed between the parties within 21 days, an application is then to be made. Any response is to be given 21 days thereafter. B A Corkill Judge Judgment signed at 4.15 pm on 8 March 2023

7. [2022] NZEnvC 147 BA Building Limited v Dunedin City Council [pdf, 579 KB]

   ...either: i. Transportation Infrastructure upgrades outside of the site, or ii. Transportation infrastructure built to a higher specification because of the need to provide for new growth areas or improve level of service for existing areas; the responsibility and funding for these upgrades will be negotiated between all landowners and the DCC. Where necessary, the DCC will appoint an independent facilitator or mediator to assist in these negotiations. b. Where the stormwater manage...

8. [2022] NZEnvC 122 Tauranga Environmental Protection Society v Tauranga District Council [pdf, 369 KB]

   ...have particularly “clean hands” in this case and so should also contribute to any costs award, perhaps as much as some 20% of the total of 13 Fn 12 at [24]. [17] [18] 9 any costs awarded. Transpower’s and the Councils’ responses Transpower and the Councils oppose any award of costs and submit that costs should lie where they fall. They submit that the surrender of the resource consents prior to a rehearing following a High Court appeal should not give...

9. [2022] NZEnvC 124 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 4.1 MB]

   ...(d) The Appellant chose to file the appeal and the grounds of the appeal filed were wide reaching. The nature of the appeal put FGL to significant cost. The Appellant was ultimately unsuccessful on all of its grounds of appeal (see further below). Response by Poutama [9] Poutama submits that, in both instances, costs should lie where they fall . In summary, it responds to the two applications as follows:8 (a) the issues and values at stake are important to Poutama. The protection o...

10. Ngāti Moerewa o MHKM Māori Inc. v Attorney General of New Zealand - Matatau 5E25F and others (2022) 248 Taitokerau MB 214 (248 TTK 214) [pdf, 265 KB]

    ...Mr Te Whata has not responded [6] I delivered the strike out decision orally. Mr Te Whata was present. I then directed Mr Hindriksen, for Mr Sanson, to file submissions on costs by 22 December 2021 and Mr Te Whata to file any submissions in response by 31 January 2022. Mr Te Whata agreed with that filing date. I also indicated I would make a decision on costs on the papers.5 [7] Mr Hindriksen filed submissions on costs on 15 January 2022. Taking this delay into account, Mr Te...