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1. Williams v The Attorney General - Allotment 20 Parish of Waiheke (Waiheke Station) (2022) 238 Waikato Maniapoto MB 83 (238 WMN 83) [pdf, 270 KB]

   ...conference, the Court confirmed that it was willing to consider granting orders for consent should the parties reach agreement on the terms. [9] On 22 September 2021, the Attorney-General and the Ngāti Paoa Iwi Trust each filed a statement of response to the application. Following that, on 28 September 2021, the respondents filed a joint memorandum submitting that the application and the statements of response demonstrate that there is no pleaded dispute between the parties. [10]...

2. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   ...available for a person unlawfully in the country). 4 He acknowledged the areas where they had failed to act diligently. The adviser noted that they had taken immediate steps under s 61, which were successful. They had taken on financial responsibility for the application. He offered to reimburse them for the nine days of lost income. They had put in place measures to ensure it would never happen again. [20] The appellant replied the next day. He said that the complaint did...

3. Gardiner v Hingston - Succession to Heta Kenneth Hingston (2021) 268 Waiariki MB 50 (268 WAR 50) [pdf, 255 KB]

   ...purportedly fails, given that a full life interest can no longer be granted per s 108A of the Act. [25] Counsel submits that per s 108A(5), the owners of the beneficial interest are entitled to make decisions about the use of the property, and are responsible for payment of outgoings and upkeep of the property. The life interest holder is solely entitled to the income derived from the property, after payment of the outgoings. Te Whakataunga Decision [26] Mr Dennett su...

4. [2022] NZEmpC 36 Kang v Saena Company Ltd [pdf, 231 KB]

   ...disposed of, or diminished in value; and (d) the balance of convenience and the interests of justice favour making the orders. Good arguable case [16] This application was heard urgently and without notice to any of the respondents. That means responses to the application have not been heard and, consequently, relies on Mr Kang’s uncontested evidence. [17] In Mr Kang’s affidavit supporting the application he explained how his employment at Saena’s restaurant, BooBoo Sus...

5. 2021-07-23 ORC - Legal submissions in relation to the pORPS [pdf, 176 KB]

   ...Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: 1 These legal submissions are filed on behalf of the Otago Regional Council (ORC or Council) in response to the direction of the Court for the Council to file further legal submissions on the proposed Otago Regional Policy Statement (pORPS).1 2 These submissions are structured to address the matters set out in the Memorandum dated 9...

6. KH v ED [2018] NZDT 1434 (20 September 2018) [pdf, 248 KB]

   ...drafted to disadvantage ED. All three reports were consistent in their findings. 17. As mentioned above, NK of U Ltd attended the last hearing as an expert witness. He confirmed the findings in U Ltd report. ED asked questions of NK to which NK’ responses were: a. Given the state of the trees at the moment he would not regard them as providing adequate shade for livestock. b. The trees could grow higher and wider but the trees would have many leaders which would give rise to...

7. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...talked to Mr G about the same CI0301_CIV_DCDT_Order Page 5 of 6 issue. OF continued to make payments, which represented to Mr G that onging work would be paid for, notwithstanding the cost overruns. Whilst the service provider remains primarily responsible for managing the communication, OF has contributed by his own acquiescence over such a long period which has created some impression of consent. Accordingly, I consider it reasonable for OF to pay for the additional costs incurr...

8. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...were therefore of increased complexity; he also referred to a compendious affidavit from one of the AVOs and to the scope of Dr Febery’s affidavit, on which I commented earlier. [48] Having regard to the view I have already expressed as to the responsibility which AvSec should bear as a public organisation, I consider it is appropriate that tariff costs only should be ordered. [49] The next question is whether ability to pay factors ought to reduce the liability. Earlier, when...

9. [2023] NZEmpC 87 Riddler v Meridian Energy Ltd [pdf, 239 KB]

   ...the personal grievance. [38] The language of s 103B(3) indicates that the grievance referred to is one between the employer and employee. The section provides a mechanism to incorporate into that unresolved dispute a party that may bear some responsibility for what happened. [39] Notably, s 103B(3)(b)(ii) creates a threshold. An applicant seeking to join a controlling third party needs to show that the third party caused or contributed to the personal grievance. That langua...

10. Hiha v Reti - Part Lot 7 Deposited Plan 3351 (2023) 103 Tākitimu MB 299 (103 TKT 299) [pdf, 223 KB]

    ...The initial results of the risk assessment were advised to the trustees on 1 June 2023. Petane Marae was preliminarily assessed as category 3, although no final decisions have been made. A community engagement process is now underway. [12] In response to the initial risk assessment, the trustees of Petane Marae held a hapū hui on 11 June 2023. No details were provided to the Court as to how that hui was notified and no minutes of the hui were filed. The applicants say that the hap...