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1. [2024] NZEmpC 102 C v P [pdf, 195 KB]

   ...to more effectually dispose of any matter before it according to the substantial merits and equities of the case, at any stage of the proceedings, of its own motion or on the application of any parties. In Kidd v Equity Realty Ltd, the Court of Appeal stated the language of s 221 is “broad and untechnical.”8 That said, the discretion bestowed by the subsection is one which must be exercised in a principled 2 For example, Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA)...

2. Sell v Harris [pdf, 27 KB]

   SUMMARY Case: Sell & Anor v Harris & Ors File No: TRI 2008-101-000001/ DBH 02592 Court: WHT Adjudicator: P McConnell Date of Decision: 13 May 2009 Background The claimants filed a claim in the Tribunal for damages arising from their leaky home. In seeking an award of $285,160.88 for the loss they suffered, the claimants pursued claims against the first respondent (Mr Harris - builder), the second respondent (Auckland City Council - territorial authority), the th

3. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

   ...programme. However, as Ms Kilpatrick’s challenge was commenced well before the introduction of the guideline, the application for costs in these proceedings needs to be dealt with on the basis of established principles contained in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 4 Binnie v Pacific Health Ltd 5 and Health Waikato Ltd v Elmsly. 6 [9] The consideration of costs involves a two-stage process on the basis that costs will generally...

4. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

   ...necessary. 10 Clark v Northland Hunt Inc (2006) 4 NZELR 23 (EmpC) at [224]. 11 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 12 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]. Analysis Common intention [73] As the Supreme Court explained in Bryson, the written and oral terms of the contra...

5. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   Middle Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 154 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED (ENV-2020-AKL-000048) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Environment Commissioner A Gysberts Hearing: On the...

6. Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2 (103 WAR 2) [pdf, 267 KB]

   ...that the proceedings have tracked. In a technical sense I believe that the doctrine could apply as against Mr Waaka. I do not accept that this is a case where successive applications could be made as was dealt with by the New Zealand Court of Appeal recently. 2 Here the normal rules of estoppel will apply. [13] I prefer however, to deal with the matter on the basis of a series of cases which deal with the situation where parties are linked to the earlier case culminating in the...

7. TTPPR-7 Notice of registration of Australian judgment [pdf, 331 KB]

   ...were given this notice. If you think the registration should be set aside, you should get legal advice as soon as possible. STAY OF ENFORCEMENT If you intend to apply to the [name of Australian court or tribunal] to set aside, vary, or appeal against the judgment, you may apply for an order that enforcement of the registered judgment in New Zealand not be commenced until a specified time or event, or be stayed (put on hold) for a specified period. An application for an or...

8. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

   ...2020 at [34). Affidavit of G O'Reilly dated 14 August 2020 at [32). 4 a vehicle. Mr O'Reilly referred me to a decision Fadi Antoun v Hutt City Counci/12 which considered the question of what comprises a building and a tiny house in an appeal against an abatement notice proceeding. Relying on that decision, Mr O'Reilly says the new construction is fixed to the existing shed by flashings and corrugated iron and is on piles.13 [1 O] In conclusion, Mr O'Reilly s...

9. 2022-03-18 Willowridge & Remarkables Park - Synopsis of Opening Submissions [pdf, 269 KB]

   ...development or protection of land for the purposes of soil conservation, the maintenance and enhancement of the quality of water in water bodies, and the maintenance of the quantity of water in water bodies. [31] This finding was confirmed on appeal in Canterbury Regional Council v Banks Peninsula District Council CA 99/95, 4 July 1995 when the Court of Appeal made declarations that: A regional council may, to the extent allowed under section 68 of the Resource Management Act, i...

10. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

    ...to award compensation. No compensation order is made in respect of this item. Suppression [23] Our decision and interim order of December 2022 suspending Ms Holdaway from practise were suppressed to protect her reputation pending any possible appeal. That was extended through to 23 March 2023 for pragmatic reasons. That suppression order is to be discharged. [24] At the hearing on 23 March, Ms Holdaway advanced another application for name suppression. Open justice requires p...