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1. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

   ...referral process (at least in part) is to speed up normal resource consent application processing. Direct referral avoids the usual two-step process whereby resource consent applications are initially heard and determined by local authorities and then appealed to the Environment Court by persons who might be dissatisfied with the outcome of the initial hearing. Large scale projects and/or those attracting very high public interest where there is a high degree of likelihood of appeal...

2. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...chattel, or whether it is a fixture, and therefore part of the land. (See Neylon v Dickens [1979] 2 NZLR 714; Maori Trustee v Prentice [1992] 3 NZLR 344). However, in Lockwood Buildings Ltd v Trust Bank Canterbury Ltd [1995] 1 NZLR 22 the Court of Appeal emphasised the classic statement of the rule by Blackburn J in Holland v Hodgson (1872) LR 7 CP 328, 335 where he said: "Perhaps the true rule is, that articles not otherwise attached to the land than by their own weight are not...

3. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...agree with the determination of the Authority on this point. Legal principles applying – submissions raised [27] Both counsel in their submissions, although Mr Oldfield, counsel for Mr Kiteley, to a greater extent, referred to the Court of Appeal’s decision in Grace Team Accounting Ltd v Brake.2 That decision has helpfully traversed historic decisions relating to the principles applying in redundancy and how the matter is to be now considered in the context of the Employment...

4. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...original hearing was de novo in circumstances where liability was an issue. [19] Mrs Chan submitted that express words would need to be added to the judgment in order to increase the defendant’s total apparent liability. She observed that no appeal had been lodged by the plaintiff and leave was not reserved to allow the parties to go back to the Court on any matters, unlike the situation in Gilbert v Attorney-General in respect of the Chief Executive of the Department of Correc...

5. Bartlett - Kakiraawa 2B 2F 3 (2018) 73 Tākitimu MB 1 (73 TKT 1) [pdf, 478 KB]

   ...16 See Mato – Nukutaurua 3C3B (1987) 32 Gisborne Appellate MB 217 (32 APGS 217); Muraahi v Phillips – Rangitoto Tuhua 5521B and 551BA2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528); Yates – Te Kōhanga Lots 1, 3-27 (2013) 63 Taitokerau MB 299 (63 TTK 299); and Raumati – Urenui Pa (Lot 2 of Part Subdivisions 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) http://www.

6. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [11] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:16 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

7. Guide to completing Disputes Tribunal claim form - Tongan [pdf, 221 KB]

   ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...

8. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ........................................................................................................15 CONCLUSION AND ORDERS ...............................................................................17 Page | 3 INTRODUCTION [1] This claim has been remitted back to the Tribunal by the High Court following an appeal against the Tribunal’s final determination of 19 April 2012.1 The Tribunal has been directed by the High Court to determine the quantum of damages...

9. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...concerning the use of the land and related activities were also again raised, and I pointed out that those matters and the issues set out in the farm consultant report had been canvassed in my earlier decision of 4 December 2019, which had not been appealed. At the conclusion of the hearing, I appointed the three nominated trustees for whom there were no objections and adjourned the application to chambers for a decision to issue in due course concerning the appointment of the remain...

10. Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi [2024] Chief Judge's MB 291 (2024 CJ 291) [pdf, 306 KB]

    ...that takes 2024 Chief Judge's MB 299 into account the nature and gravity of the matter at issue.6 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [22] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:7 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...