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1. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckl...

2. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...understanding that such function belongs to the Court rather than the other trustees.10 10 Smith v Smith – Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) 79 Tākitimu MB 116 [51] In earlier judgments I have found that the trustees were in breach of their duties and the terms of the trust order, sufficient to warrant their removal. Findings were also made that the t...

3. Local Government Bill [pdf, 440 KB]

   ...and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 8. In Moonen v Film and Literature Board of Review,7 the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a “justified limitation”. This process is similar to the approach taken by the Supreme Court of Canada in R v Oakes.8 9. The inquiry...

4. [2010] NZEmpC 102 Jinkinson v Oceana Gold (NZ) Ltd [pdf, 90 KB]

   ...i.e. a 3 [2000] 2 NZLR 565 (CA) position that is not substantially similar to that previously held by the employee.” This submission largely reflected paragraph [25] of the Court of Appeal’s decision: [25] In a situation of genuine redundancy, where the position truly is surplus to requirements, in the absence of a contractual provision to that effect, it cannot constitute unjustified dismissal not to offer the employee...

5. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...Employment Relations Act and, in particular, s 103A in 2004 and as amended in 2010, did affect the previous law about justifications for dismissal on grounds of redundancy but not to the fundamental extent of setting aside everything that the Court of Appeal propounded in GN Hale. [39] I record my complete agreement with the way the Chief Judge has explained the requirements of s 103A in a redundancy dismissal and note it is entirely in accord with the views expressed about tha...

6. Manuel v Waitakere City Council [pdf, 70 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-00030 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of an Adjudication BETWEEN NEIL EUAN MANUEL, MARGARET MARY MANUEL AND THE PUBLIC TRUST as Trustees for the N & M MANUEL FAMILY TRUST Claimant AND WAITAKERE CITY COUNCIL First Respondent AND BRIAN ELLIOT Second Respondent AND REX W LITTLE AND ASSOCIATES Third R

7. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...$15,000.00. In a file note dated 24 April he noted that he “now [needed] to turn the claim into something less speculative and provide evidence of the current valuation.” He also however warned TR and TS about the possibility that CCI would appeal even if they were successful and referred to the potential costs 7 involved in that. By this time TR and TS were becoming concerned as to their exposure to costs referred to by CCL. [28] NI allowed the deadline for...

8. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...example, there was a particular breach of the duty to provide access to information and the opportunity to comment on information before a decision was made, analogous to: Zhang v Telco Asset Management Ltd [2019] NZEmpC 151 at [156]–[157]; leave to appeal this decision was dismissed in Zhang v Telco Asset Management Ltd [2020] NZCA 223. 31 Waikato District Health Board v The New Zealand Public Service Assoc Inc [2008] ERNZ 80 (EmpC) at [36]. 32 At [36]. [59] Ms Butcher...

9. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

   ...ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIMITED, TKC HOLD...

10. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

    ...recognised as a course of dealing where the two joint tenants discussed the possibility of one buying the share of the other. The facts of this case do not align with those in the case of Burgess v Rawnsley [1975] CH 429 where the English Court of Appeal were unanimous that an agreement by a joint tenant to sell her interest to a co-tenant effected a severance in equity despite the fact that the agreement was short lived.34 Severance arguments – summary [80] At paragraph [33] abo...