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1. MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370) [pdf, 181 KB]

   ...Hardy-Jones, to file a memorandum within 14 days of receipt of the judgment if his client did seek a costs order. [3] Mr Hardy-Jones filed a memorandum advising that his client sought a costs order, and the basis for this position, on 21 June 2016. A response to this submission was subsequently filed by Phillip’s counsel, Mr Radich, on 2 July 2016. [4] On 12 July 2016 the Court issued a direction requiring Mr Hardy-Jones to file a breakdown of the costs incurred by Brigham in the...

2. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   ...present justifying any award higher than 25-30%; and (f) this is an appeal on a proposed plan so the normal process prescribed Application for costs dated 9 March 2019 at (5]. Application for costs dated 9 March 2019 at [6]. Legal submissions in response to costs memorandum for JPG dated 1 April 2019 at [24]. Joint Action Funding Ltd v Eichefbaum (2017] NZCA 249. Costs decision (2018] NZEnvC 231 at [30)-(31]. 4 by the Practice Note 2014 (being that for appeals in relation to...

3. [2017] NZEmpC 122 Centraus Ltd v Barcena [pdf, 130 KB]

   ...notice, for orders to uplift the property and/or to get urgent discovery and/or applications for remedies arising from breaches of their employment agreements and, in Mr Barcena’s case, also in breach of his director’s duties. [12] Responses were received the next morning, 27 September 2017, from the solicitor acting for the first, second and third respondents. These responses focussed on the suspension, and raised personal grievances for unjustified disadvantage in...

4. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

   ...buildings, at least, are constructed within the 55dBA contour, there is a need to provide attenuation to standards, namely to achieve an internal noise level (with windows and doors open) of around 40dBA; 3. The corollary to this is that Northport takes responsibility in relation to existing homes, of ensuring (if the owner requests) that those standards will be met inside the house. There are criterion that have to be met, and the offer is not time-limited. This represents a balanc...

5. MOJ Proactive release Regina v Tarrant Costs 23 February 2021 [pdf, 208 KB]

   ...All organisations that provide services to victims of crime aim to meet the standards set out in the Victims Code. Access to justice is a key principle in New Zealand’s judicial system. As a Government Department, the Ministry has a statutory responsibility to support, advise and provide information to victims going through the court process. This includes providing information in ways that are culturally responsive. The Ministry worked with Police, Corrections and Crown Law to make s...

6. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...evidence or allegation that such a handrail was unusual at the time of construction. There is no evidence that an inspector would have been alerted to the potential for leaking at that time. (It is, of course, now well known.) 28. The certifier was responsible for ensuring that the building was completed as required. There is no evidence that Mr Wakelin was directed to confirm that the balustrade was properly constructed. 29. The claimant says that Mr Wakelin owed the claimant a du...

7. Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust (2017) 146 Taitokerau MB 135 (146 TTK 135) [pdf, 183 KB]

   ...trustees for this trust. Circumstances may arise in any trust where for one reason or another there is no Chair for a period of time. In those circumstances the remaining trustees between them must take such steps as to ensure that the Chair’s responsibilities are carried out until a new Chair can be chosen. [24] On balance I consider that in these circumstances there is no serious question to be tried such as to require the issue of an interim injunction. Any matters of concer...

8. Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) [pdf, 229 KB]

   ...MB 537 and then when the debts of the estate had been paid, the house could be transferred to the beneficiaries of the estate. [28] Counsel for the Executors in the lower Court and the proceedings before the Appellate Court based their response on s 26 of the Administration Act that the Executors were acting consistently with their duties and had a responsibility to ensure the assets of the estate were properly dealt with in accordance with that act. [29] The Court order of...

9. [2019] NZEnvC 108 Maehl v Lenihan [pdf, 8.3 MB]

   ...be relevant to the question of the quantum of costs. Here it is argued that the Court should make no costs order because Maehl and others represented an aspect of the public interest. [15] Unfortunately, the evidence to support this is filed in response to costs attaching letters from the Local Board, Forest & Bird and the Local Tree Council. However, none of these parties were a participant in relation to this property in relation to the Unitary Plan nor in any aspect of this m...

10. MOJ-Proactive-release-Regina-v-Tarrant-Costs-30-October-2020.pdf [pdf, 209 KB]

    ...All organisations that provide services to victims of crime aim to meet the standards set out in the Victims Code. Access to justice is a key principle in New Zealand’s judicial system. As a Government Department, the Ministry has a statutory responsibility to support, advise and provide information to victims going through the court process. This includes providing information in ways that are culturally responsive. The Ministry worked with Police, Corrections and Crown Law to make s...