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1. NZ Core document [pdf, 1.1 MB]

   ...judiciary’s position. This principle is reflected in the standing orders of the House of Representatives (their rules), which prohibit a member from criticising a judge. Further, the Constitution Act 1986 protects judges of the Supreme Court, Court of Appeal, and High Courts from salary reductions and politically motivated removal from office. 152. The New Zealand courts operate on an adversarial system. The highest court is the Supreme Court of New Zealand, based in Wellington. The Sup...

2. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 96 ACR 009/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MELISSA RANKIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 and 13 June 2023 Held at: Hamilton/Kirikirioa Appearances: Ms K Koloni for the Appellant S Churstain for the Respondent Judgment:...

3. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...specific that little of value can be taken from them. An exception, however, is the litigation in which relevant principles were restated, which began in the Employment Relations Authority, progressed to this Court,3 continued in the Court of Appeal,4 and went to the Supreme Court in Buchanan v Chief Executive of the Department of Inland Revenue.5 [48] In Buchanan, two employees with otherwise unblemished service whose duties included accessing confidential computerised informatio...

4. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE :tvIA TTER BET\VEEN AND .AND Decision [2023] NZEnvC 037 of an appeal under s 120 of the Resource Management Act 1991 ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE (ENV-2021-\VLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FARM LIMITED TRADING AS SOUL FRIENDS PET CRE:tvIA TIO NS Applicant Court: Environment Judge BP Dwyer Environment Commissi...

5. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...satisfactory in all respects to them, and not obtaining a report on a dwelling, they did so in reasonable reliance on the representations of fact made to them by Mr Xiang on 23 August 2006. [54] In AMP Finance NZ Limited v Heaven2 the Court of Appeal held that the question of whether there has been a breach of s 9 should be addressed in three steps:3 a) Ask whether the relevant conduct was capable of being misleading; b) Consider whether the plaintiffs were in fact misle...

6. Hill v Whimp [pdf, 158 KB]

   ...their history of owning and subdividing other land. [45] The law is well settled that those who build owe a duty of care to future owners of those buildings. The leading case is Mt Albert Borough Council v Johnson [1979] 2 NZLR 234 (Court of Appeal). The decision in that case arose from a development company engaging contractors to do the building work on a block of flats. The legal principle has been subsequently applied to the not uncommon situation in New Zealand where an ow...

7. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-T ARA Decision No. [2022] NZEnvC 112. IN THE IvIA TIER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) LAND IvIA TIERS LTD (ENV-2019-WLG-000107) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON INTERNATIONAL AIRPORT LTD (ENV-2019-WLG-000117) CENTREPORT LTD AND CENTREPORT PROPERTIES LTD (ENV-2019-W...

8. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...descendants of Eru and Te Owai Pou as “the whānau”. 1 See the discussion in Ruapuha and Uekaha Hapu Trust v Norman Tane – Hauturu East 8 Block (2010) 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) at [86]-[96] where the Court addressed the application of s 354 of the 1993 Act to s 438 of the 1953 Act, whereby trusts constituted under s 438 are ahu whenua trusts for the purpose of the 1993 Act. 61 Taitokerau MB 250 [...

9. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...discovered, the value of the property is unaffected and the cause of action has not accrued. In the leading judgment Tipping J refers to Hamlin and says: Hamlin’s case [39] The best starting point lies with the decisions of the Court of Appeal and the Privy Council in the Hamlin litigation, which concerned latent damage to buildings.21 In his judgment in the Court of Appeal in that case, McKay J said:22 Page 26 “The ordinary time limit for an action in contract...

10. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

    ...The structure and procedure of New Zealand courts is established by a mixture of principles,  different types of legislation, common law (law developed by judges), and practice notes and  guidelines:   The  Judicature Act 1908 establishes  the Court of Appeal and codifies provisions about  the High Court.   The Supreme Court Act 2003 establishes the Supreme Court.   The District Courts Act 1947 establishes the District ...