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1. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ...has accordingly been established to the extent of $47,672.00. General Damages [36] The claimants were originally claiming $50,000 for general damages. At the hearing however this was reduced to $25,000 in light of the recent Court of Appeal decision in Sunset Terraces1 and Byron Avenue.2 Mr and Mrs Harris both gave evidence of the impact having a leaky home had on their lives and health over the past few years. Rather than buying a low maintenance home and being able...

2. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...universal that no person could be supposed to have entered into the agreement without looking to it as an element of the contract. 12 [45] More recently and as to evidence of custom, in Henry v London General Transport Services Ltd the UK Court of Appeal concluded: 13 … the burden of proof on custom and practice, … is upon the balance of probabilities. … Clear evidence of practice is, however, required to establish something as potentially nebulous as custom and practice,...

3. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...The evident focus of s 18 is the existence or otherwise of an existing right, rather than whether proceedings relating to that right have been commenced or completed. [66] In Chaplin v Holden and NIMU Insurance Association 23 the Court of Appeal held, in relation to s 20 of the Acts Interpretation Act 1924, 24 that a party had an accrued right to damages as at the date the action complained of (a road traffic accident) occurred. The Court rejected a suggestion that those rig...

4. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

   THE CANYON VINEYARD LTD v CODC – CORRIGENDUM IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 244 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...

5. [2023] NZEnvC 193 Brial v Queenstown Lakes District Council [pdf, 5.3 MB]

   BRIAL v QLDC & OTHERS – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 193 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN MICHAEL CAMERON BRIAL AND EMILY JANE O’NEIL BRIAL (ENV-2019-CHC-114) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent AND S AND S BLACKLER, B AND K BLACKLER AND TRUSTEES BFT LIMITED Applicants Court:...

6. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...recent judgment in the proceedings Mr Matsuoka brought against LSG was issued on 21 December 2012. 3 [4] The Supreme Court decision in Service and Food Workers Union Nga Ringa Tota Inc v OCS Ltd, 4 which set aside orders made by the Court of Appeal on issues of continuity of employment under Part 6A of the Act, was issued on 9 August 2012 and I considered it had relevance to the issues which were required to be determined in the present matter. Counsel were provided with the...

7. Findlay v Auckland City Council [pdf, 108 KB]

   ...Avenue decisions all state that the Council’s inspection regime must be sufficiently robust to ensure compliance with the Building Act and Regulations. I find that in this case it was not met. [54] Mr Heaney SC submitted the English Court of Appeal decision of Performance Cars Ltd v Abraham8 as authority for these submissions. That decision states that where a defendant causes further damage to the plaintiff’s property which at the time is already damaged and in need of...

8. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...on remedies, which I have not yet received, I direct the resumption of the hearing to address these. Counsels’ submissions will need to address the precise figures sought and rejected, and the relevant evidence, the decisions of the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang, 3 and Mr MacGregor Stewart’s expertise. 4 A telephone directions conference will be convened to set a timetable for the conclusion of the hearing. [2] After a telephone conference o...

9. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...because of its liquidation, did not mean that the context required the Court to apply the extended definition of employer in s 2.11 [44] The second example, Police v Thompson12, was referred to and relied on in Hixon. In that case the Court of Appeal had to decide whether a minor had committed an offence under the former Sale of Liquor Act 1962, of being under age in any bar of any licensed premises. [45] That legislation defined “bar” very broadly, including any bottle store....

10. [2018] NZEnvC 131 Grattan Investments Limited v Waikato District Council [pdf, 18 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC I ~ f IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN GRATTAN INVESTMENTS LIMITED (ENV-2018-AKL-000009) Appellant AND WAIKATO DISTRICT COUNCIL Respondent Court: Environment Judge D A Kirkpatrick Date of Decision: 1 0 AUG 2018 Date of Issue: 1 0: AUG 2018 DETERMINATION OF THE ENVIRONMENT COURT A: The Court orders, by consent,...