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1. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Decision No. [2019] NZEnvC l -=t-0 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED Appellants (ENV-2018-AKL-000010) AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Commissioner I M Buchanan Commissioner J A Hodges 29 and 30 Au...

2. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...Authority erred legally or factually in considering the adequacy of consultation. [25] The Authority reminded itself of two leading decisions as to redundancy. First, Grace Team Accounting Ltd v Brake.12 The Authority noted that the Court of Appeal found that if an employer could show a redundancy was genuine in that the notice and consultation requirements of s 4 of the Act had been duly complied with, that could be expected to go a long way towards satisfying the s 103A test....

3. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...the plaintiffs’ submissions opposing the application for strike out. 24 As confirmed in New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13]. ... [65] The Court of Appeal in Attorney-General v Prince outlined the standard principles which apply to such an application:25 a) Pleaded facts, whether or not admitted, are assumed to be true. b) The cause of action or defence must be clearly untenable. c) Th...

4. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...the submission was truly "on" the proposed change.12 Section 293 RMA 19 Section 293 of the RMA empowers the Court to direct changes to a proposed plan or plan which are not otherwise within its jurisdiction due to the scope of the appeal before it.13 20 The primary purpose of section 293 is to "provide the Court with a mechanism for expanding the nature and extent of the relief sought beyond the scope of the reference where appropriate".14 However, to do...

5. Te Manutukutuku issue 72 [pdf, 2.9 MB]

   ...district inquiries and on two urgent inquiries. Those were the Kiwifruit Marketing and Ngāti Maniapoto / Ngāti Tama Settlement Cross­Claims inquiries. Justice Joe Williams, the former Chair person of the Tribunal, was appointed to the Court of Appeal in December 2017. While he was the Chief Judge of the Māori Land Court, Justice Williams served as Deputy and Acting Chairperson from 1999 to 2004 and then as Chairperson up to his appointment to the High Court bench in 2008. ...

6. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

   ...continuing as a salesman. Traits such as dishonesty or gross incompetence may be within this category. Less culpable characteristics may well not.” (emphasis added) [87] In Niall v REINZ, High Court Auckland, 9 July 2009 Allan J was considering an appeal from an order cancelling the appellant‘s salespersons licence. Allan J referred to Sime v REINZ (supra) with approval and said: ―The Board does not appear to have considered Mr Niall‘s character as such. Rather it seems...

7. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...judiciary. While Chief Judge of the Māori Land Court, Sir Joe served as Deputy and Acting Chairperson of the Waitangi Tribunal from 1999 to 2004 and then as Chairperson up to his appointment to the High Court in 2008. He was appointed to the Court of Appeal in December 2017 and as the first Māori judge of the Supreme Court in May 2019. Dr Aroha Harris was made a Member of the New Zealand Order Achievements and service recognised in the 2020 New Year honours list of Merit for se...

8. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

   ...Tipene v Tipene the Court considered whether a non-owner had an equitable interest in a house to which she and her husband had made substantial improvements.9 The Court considered the principles of constructive trust and also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features a claimant must show for the imposition of a constructive trust:10 1. Contributions, direct or indirect, to the property in question. 2. The expectation of...

9. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 59 [pdf, 234 KB]

   ...directions conference will then be scheduled to make any necessary timetable orders. [95] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

10. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

    ...10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031, [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such miscon...