Search Results

1. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...lawn. [5] The unconsented facilities and activities were the subject of a retrospective resource consent application by the Appellants in April 2017. Examination of the Assessment of Environmental Effects ('AEE') showed us in the s 120 appeal hearing that consent was sought for the following activities: (a) The establishment of the additional enclosed restaurant space and pizza kitchen, collectively referred to as The Veranda. (b) Use of the lawn for restaurant and outdo...

2. Ferris v Brown - Nuhiti Q Inc (2023) 117 Tairawhiti MB 216 (117 TRW 216) [pdf, 274 KB]

   ...proceedings. 10 Hettig v ANZ Bank of New Zealand Ltd – Lot 1 Deposited Plan 158328 (2014) 93 Taitokerau MB 238 (93 TTK 238), also referenced in Nicholas v The Official Assignee – Lot 6 PD 34349 [2021] Māori Appellate Court MB 228 (2021 APPEAL 228). 11 Hettig v ANZ Bank of New Zealand Ltd – Lot 1 Deposited Plan 158328 (2014) 93 Taitokerau MB 238 (93 TTK 238), at [45]. 117 Tairawhiti MB 223 [25] That means that an interim injunction under s 19(1)(b) prohibiting th...

3. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...circumstances, scale costs should be reduced by 50 per cent for this reason. [36] In my view, such a reduction is excessive. Standing back, I consider a 30 per cent reduction is appropriate. Calderbank offers [37] The judgment of the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.16 14 Zhang v Telco Asset Management Ltd...

4. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...from engaging in unlawful conduct. [29] Taking a purposive approach to s97, it should be interpreted to prevent employers from avoiding the economic consequences of strike or lockout action in all but certain specified respects. As the Court of Appeal noted in Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239, 249: [30] … Section 97 imposes restrictions on the persons employers may employ or engage to do the work of striking or locked out workers. Althou...

5. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

   ...records of this block are not readily available, however, I am bound to give effect to the orders of the Māori Land Court. In other words, the only orders that bind me, are the previous orders of this Court or the Māori Appellate Court, subject to appeals to the superior courts. Ngā take mō te whakataunga – Reasons for Decision [19] The application was filed on behalf of the trustees. They are the legal owners of the blocks subject to the trust. The respondent is one o...

6. Edwardes v Architectural Edge Limited [2017] NZWHT Auckland 2 [pdf, 117 KB]

   ...scale set out by the Courts. [42] In the circumstances of this case, therefore, I consider that a contribution towards the actual costs should be awarded, but I do not consider that there are grounds for ordering indemnity costs. The Court of Appeal in Bradbury v Westpac Banking Corporation 11 recognised the categories in respect of which the discretion may be exercised is not closed but noted the following circumstances in which indemnity costs have been ordered:  The ma...

7. [2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd [pdf, 210 KB]

   ...requested, however, that leave be reserved to Mr Cousens to be able to bring further applications if the compliance order remains unsatisfied. I deal with that matter at the end of this decision. [14] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.4 Those factors are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, without...

8. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [20] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.8 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

9. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...of same on him to respond. We shall then direct the Registrar to convene a short hearing at which we shall impose the penalty we consider appropriate. [35] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr J Gau...

10. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

    ...offender to make submissions to the Board. (7) The Board must give a written copy of every order or determination to the offender who is the subject of the order or determination, along with information about how the offender may exercise any review or appeal rights that he or she has in relation to the order or determination. (8) Any person who publishes information provided under this section in a form that identifies, or enables the identification of, a victim (as defined in section 4 o...