Search Results

1. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...instruments [36] The approach to the interpretation of plan provisions is well settled and usefully summarised in a recent decision of the Court, Budden v Auckland Council.s In that decision the Court applied the approach taken by the Court of Appeal in Powell:6 (35) ... While we accept it is appropriate to seek the plain meaning of a rule from the words themselves, it is not appropriate to undertake that exercise in a vacuum. As this Court made clear in Rattray, regard must be had...

2. [2020] NZEmpC 13 Elisara v Allianz New Zealand Ltd [pdf, 223 KB]

   ...vindication. [11] There will be circumstances in which it is reasonable to decline a Calderbank offer on the basis that its terms are not sufficiently certain. In Health Waikato Ltd v Van der Sluis (a judgment referred to by the plaintiff) the Court of Appeal held that where something is not explicitly said to be included in the offer, it can be concluded that it is not included.9 What made it reasonable to reject the offer in that case was that, without the inclusion of pre-offe...

3. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...set out the relevant principles and case law: 4 [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. … [41] In a recent decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summar...

4. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...[55] It would seem, as endorsed by counsel for the Authority in submissions subsequent to the hearing and related to the defendant’s said email of 9 October 2013, that the defendant’s only course, if she does not accept our findings, is to appeal our decision on guilt. However, we have not yet finally fixed penalty and, of course, we welcome submissions from the defendant on that aspect. [56] Accordingly, we direct the registrar to arrange a telephone conference between the Cha...

5. [2019] NZEnvC 077 Bunnings Limited v Queenstown Lakes District Council [pdf, 3.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 77 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act BUNNINGS LIMITED (ENV-2018-CHC-015) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner D J Bunting Deputy Environment Commissioner J T Baines Hearing: In Chambers at Christchurch (Final memor...

6. Bloor v Karaitiana - Runanga 2E (2021) 259 Waiariki MB 286 (259 WAR 286) [pdf, 275 KB]

   ...opposition to the appointments. I have reviewed the consents of John Hirini Rameka and Romani Mere Tahau. Although Mr Bloor has provided 9 Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) at [20]. 10 Boase - Wharengaere No 3 (2019) 205 Taitokerau MB 227 (205 TTK 227). 11 Walker – Section 1A Parish of Katikati (1995) 18 Waikato Maniapoto Appellate MB 260 (18 APWM 260). 12 Walker - Section 1A Parish of Kat...

7. [2014] NZEmpC 188 The Warehouse Ltd v Harris [pdf, 501 KB]

   ...ERNZ 266 at 278 per Chief Judge Goddard, NZFP Pulp and Paper Co Ltd v Horn [1996] 1 ERNZ 278 at 285-286 per Chief Judge Colgan. disadvantage grievances which were not covered by s 40(2) of the Employment Contracts Act. [186] The Court of Appeal, although by way of observation (obiter dicta), referred to the issue in Ark Aviation Ltd v Newton. 11 The Court of Appeal appears, however, to have favoured an approach that deals with what might be called ‘nil remedies’ as...

8. Ngataki v Kumete - Parish of Karaka Lot 64D (2016) 121 Waikato Maniapoto MB 184 (121 WMN 184) [pdf, 383 KB]

   ...which assisted him in reaching that conclusion was that the subject matter of the contract or damage related to moveable stock or chattels, that is the haulage of logs, rather than the land itself. [112] The obiter comments made by the Court of Appeal in Attorney-General v Maori Land Court also warrant consideration. 62 That case involved a paper road vested in fee simple in a local authority, which ran across a block of Māori land. The council was willing to close the road on...

9. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

   ...13 (1987) 25 Ruatoria MB 61 (25 RUA 61). 14 [2000] 3 NZLR 614 (CA). 15 [1997] 1 WLR 687, [1997] 2 All ER 513. 125 Taitokerau MB 22 [13] In Lockwood Buildings Limited v Trustbank Canterbury Limited, 16 the Court of Appeal found that an article fixed to the land, even slightly, is considered to be part of the land unless the circumstances show that it was intended all along to remain as a chattel. [14] In the present case, the house is affixed to timber pi...

10. Tao v Body Corporate 198693 [2023] NZHRRT 39 [pdf, 167 KB]

    ...liable for costs if they joined Ms Tao’s legal actions. [42.2] Dated 1 May 2016 to the other owners concerning Ms Tao’s unsuccessful litigation against Strata and Mr Pandya and the associated costs awards. [42.3] Dated 18 May 2016 advising of an appeal Ms Tao was making to the Court of Appeal. This email also referred to the need to progress to the AGM and advised the owners that they could not vote if they had not paid their Body Corporate debts. Issues in relation to racial ha...