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1. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...under the Act. Mr Parker however submits that a whole of complex approach should be taken when determining whether it is a hotel or motel and not on a unit by unit consideration. [67] In Spencer on Byron4 the majority of the Court of Appeal concluded it was not appropriate to impose a duty of care on the Council 4 North Shore City Council v Body Corporate (Spencer on Byron) 207624 CA CA760/2009, 21 April 2011....

2. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...three months, plus the additional time that a determination would take to be issued. [14] Mr Pollak cited Angus v Ports of Auckland Ltd 3 where the full Court dealt with the change in the wording of s 125 of the Act and cited from the Court of Appeal judgment in Lewis v Howick College Board of Trustees 4 that there was no dispute between the parties in that case that the onus of proof of lack of practicability rests with the employer. 5 The full Court in Angus stated: 6...

3. Shortland v Tipene - Motatau 2 Section 34A1 (2015) 114 Taitokerau MB 212 (114 TTK 212) [pdf, 178 KB]

   ...or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed80dc890d_19_25_se&p=1&id=DLM290914#DLM290914 http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw...

4. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...s 95 to make any interim order necessary in the interests of justice to preserve the position of the parties. [37] It is now intended to address first the general principles to be applied in an application under s 95 and second, recent Court of Appeal decisions in which the open justice principle is considered in the context of name suppression applications in civil proceedings. INTERIM ORDERS UNDER SECTION 95 – PRINCIPLES [38] The relevant principles applicable to interim order a...

5. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...of the Treaty acknowledges that aboriginal title (‘the full exclusive and undisturbed possession of [Māori] Lands ...’) operates as a qualification on the Crown’s radical title.65. Accordingly, in Attorney-General v Ngati Apa 66 the Court of Appeal affirmed that the Crown’s radical title acquired on cession of sovereignty (imperium) was subject to the pre-existing rights of Māori. Sovereignty should not be conflated with absolute ownership (dominium) and the Crown’s radical ti...

6. [2015] NZEmpC 3 Fletcher v Sharp Tudhope Lawyers costs [pdf, 73 KB]

   ...that the defendant has raised a number of matters in its costs submissions which are irrelevant, misleading, punitive, and aimed at discrediting him. [5] I start with a consideration of the actual costs incurred by the defendant. The Court of Appeal has made it clear that it is not mandatory for counsel to provide details of time involved and charge out rates when seeking costs. In Binnie v Pacific Health Ltd it observed that: 4 Obviously this kind of information may help, an...

7. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314...

8. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...those carried out on his behalf) were conducted in accordance with the practices at the time. [23] Mr Steele on behalf of the claimants submitted that (earlier, in 1973) in McLaren Maycroft & Co v Fletcher Development Co Ltd2 the Court of Appeal addressed ‘common practice’ in the building context. Richmond J stated that the court is not necessarily bound by such evidence. It must retain its own freedom to conclude that the general practice of a particular profession fa...

9. Te Ngahue v The Proprietors of Whetumatarau B45B2 (2015) 47 Tairawhiti MB 81 (47 TRW 81) [pdf, 193 KB]

   ...dated 5 March 2009 that: i. With the partition of 7B16B the clear land in the north is reduced from about 65 hectares to 30 hectares, and access is somewhat limited. While this would, in our opinion, result in the remaining land being slightly less appealing, the overall effect on value would be minimal – if any. ii. We have determined that the Residual Value of B45B (Pohutu) would be the pre- partition value less the value of 7B16B. Hearing [8] The application was set down fo...

10. Steedman v Apatu - Owhaoko D6 Subdn 3 (2015) 341 Aotea MB 164 (341 AOT 164) [pdf, 372 KB]

    ...the intention to sell triggers notice to and an opportunity to for all PCA to put in offers. The offers must be at least equivalent to the 16 [2013] Māori Appellate Court MB 528 (2013 APPEAL 528) 341 Aotea MB 176 terms of the alienation per r 11.7(3)(a). The alienor may then select any offer from any such PCA. [46] Counsel further submits that if the Court finds that the Mr Hall does not satisfy the PCA requirement t...