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1. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. [20] Mr Billington QC, now lead counsel for REL, cited McElroy Milne v Commercial Electronics Ltd. 10 The Court of Appeal in McElroy Milne accepted the classic statement from Hadley but noted that it was not to be regarded “as either Holy Writ or statute”. 11 The Court also accepted that the starting point and basic principle is that the injured pa...

2. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessment dated 10 March 2021 and a final decision dated 1 April 2021 (the final decision).1 [4] This decision addresses the Pascoes’ objection...

3. [2024] NZEnvC 173 Habitus Group Limited v Christchurch City Council [pdf, 23 MB]

   CONSENT ORDER – HABITUS GROUP LTD v CCC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 173 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN HABITUS GROUP LIMITED (ENV-2024-CHC-7) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge K G Reid – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 18 July 2024...

4. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessment dated 10 March 2021 and a final decision dated 1 April 2021 (the final decision).1 [4] This decision addresses the Pascoes’ objection...

5. Smith v Wellington City Council [pdf, 146 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

6. [2012] NZEmpC 90 Walker v Procare Health Ltd [pdf, 313 KB]

   ...irreconcilable breakdown that had developed in the employment relationship. [80] The requirement that the employee must be shown to have been substantially responsible for the irreconcilable breakdown had earlier been confirmed by the Court of Appeal in Reid v New Zealand Fire Service Commission. 8 Mr Reid had been a professional fire-fighter for more than 22 years and from all accounts he had been a competent fire-fighter but he had also been, as this Court had found, “at the...

7. [2022] NZEmpC 77 Courage v Attorney-General [pdf, 422 KB]

   ...which made it clear that the Employment Relations Act was designed to provide a better framework for employment relations, and to recognise that employment relationships were not simply contractual, economic exchanges.33 [139] In declining leave to appeal against the full Court’s decision in Prasad, the Court of Appeal described the approach as “entirely orthodox” and not laying down any far-reaching new principles.34 The Court of Appeal pointed out that, in any case,...

8. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...enable a range of urban activities occurring on the TGH and CPL land which were still prohibited by the UEPA Overlay by virtue of the rural zoning of the land. [23] The Council decided to reject the private plan change request. [24] TGH and CPL appealed this decision to the Environment Court. The appeal was later withdrawn, because TGH and CPL decided to ask the Minister for the Environment to determine that their project was a proposal of national significance. The Board of Inqui...

9. Ngati Porou Deed to Amend the Deed of Agreement 9 Aug 2017 [pdf, 8.8 MB]

   ...their rohe (territory) that are contiguous to the foreshore and seabedmarine and coastal area. B. Since 1840, nga hapu o Ngati Porou have retained ownership of a significant proportion of those coastal lands. C. Following the decision of the Court of Appeal in Ngati Apa & Ors v A ttorney- General, Te Runanga o Ngati Porou, as well as particular whanau and hapu of Ngati Porou, made applications to the Maori Land Court for orders declaring the foreshore and seabed in the Ngati Porou ro...

10. Takimoana - Te Tii (Waitangi) B3 Ahu Whenua Trust (2014) 90 Taitokerau MB 67 (90 TTK 67) [pdf, 335 KB]

    ...of promoting retention and utilisation of the land by the owners. 8 Rameka v Hall [2013] NZAR 1208 (CA). 9 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 10 Re Schroder’s Wills Trusts [2004] 1 NZLR 695. 90 Taitokerau MB 76 [34] In support of this argument Mr Peters produced a commentary in the form of a summary chart from the Westlaw NZ Electronic Library 11 Mr Pete...