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1. Mason - Te Konoti B3SB (2015) 104 Taitokerau MB 249 (104 TTK 249) [pdf, 356 KB]

   ...directly, the consent required for easements other then access easements is no different to that required for access 17 Smith v Courtney – Ohuirua No 2 [2011] Māori Appellate Court 284 (2011 APPEAL 284). 18 Ibid at [30] to [33]. 104 Taitokerau MB 265 easements under s 317(1). That is, the test is whether there is a sufficient degree of support for the application among the owners having regard to the nature and i...

2. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

   ...the IRD, and his 4 Clark v Northland Hunt Incorporated (2006) 4 NZELR 23 at [22], applying Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374. 5 McGrath J in the dissenting judgment of the Court of Appeal: Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526. employment status, and that he believed he insisted he was an employee and that BCL would have to take the tax off. By contrast, he told the Authority that there was no menti...

3. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [25] Finally, as the Court of Appeal has confirmed, the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Regi...

4. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...giving notice of grievances for unjustified disadvantage, unfair dismissal and wage arrears. The company denied the claims. The law Constructive dismissal principles [47] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate an...

5. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.8 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [39] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:9 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the R...

6. LAP contract for services [pdf, 753 KB]

   ...Contract for the Provision of Legal Aid Services and Specified Legal Services| Version 5| November 2016 9 3.10.4. of any matter that materially decreases the prospects of success of the aided person’s matter at first instance, or the merits of any appeal. 3.11. Sub-clause 3.10.4 does not apply to defence of criminal charges at first instance. Record-keeping obligations 3.12. Subject to clause 3.13 and in accordance with clauses 11.1 to 11.4 of the Practice Standards, the Provide...

7. Reihana - Estate of Ngapipi Rewiti Panapa [2017] Chief Judge's MB 238 (2017 CJ 238) [pdf, 505 KB]

   ...1963 at 24 Tauranga MB 311-312, 24 Tauranga MB 322-323 and 25 Tauranga MB 50. 7 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judges MB 252 [26] I accept the applicants’ evidence that Thomas and Raymond Reihana were not aware of the failure to include them as successors to the Estate of Ngāpipi Rewiti Panapa, and that expla...

8. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

   ...predominantly focused on the hydrology and optimisation of existing and developing run-of- river hydro-electric plant operating in conjunction with existing irrigation schemes. (e) Arnold Valley Hydro-Electric Power Scheme Environment Court appeal (2010). Appearing on behalf of Trustpower Limited to provide hydrological evidence in support of the grant of resource consents for the on-going operation of and enhancements to the Arnold Valley HEPS. (f) Wairau Valley Hydro-Electric...

9. Education and Training Bill Advice [pdf, 275 KB]

   ...Instruction in state primary schools, intermediate schools and nga kura recommend requiring informed consent from a parent or caregiver before allowing a student to participate in religious instruction.13 18. In a pre-Bill of Rights Act case, the Court of Appeal held that school assemblies which included some religious observance were lawful as long as the parents could ‘opt out’ their children.14 It is not clear whether a court would come to the same conclusion now under the Bill o...

10. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

    ...pest. We accepted the applicant’s case that emerging indigenous vegetation on the land have values that warrant protection in the context of cl 4(1)(b)(v). [52] The Council had challenged that aspect of our interim decision in the High Court appeal, although that ground of appeal was also unsuccessful. The court’s conclusion was upheld by the High Court.11 The High Court agreed that the environmental effects of removal of the pest conifers could also be considered to be a c...