Search Results

1. [2024] NZEnvC 083 Blue Glass Limited v Dunedin City Council [pdf, 333 KB]

   ...HPEL acknowledges that the ORC will work through the Schedule 1 process and notify a mapping plan change, it submits that the process is not a short one. The interim status will apply until the change is operative.33 That would mean significant costs for affected appellants.34 [36] HPEL also acknowledges that the singular objective of the NPS-HPL is that HPL is protected for use in land-based primary production. However, that single purpose does not extend to land that is not HPL...

2. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...statutory personal grievance rights available to employees under Part 9 of the Act. [56] The plaintiff’s challenge to the Authority’s determination succeeds and it is set aside. AFFCO’s so-called trial employment agreement is unlawful. [57] Costs on this challenge are reserved for consideration by the parties themselves in the first instance but, if they cannot agree, by memorandum to be filed and served by the plaintiff within two calendar months of the date of this judgment...

3. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...alternative accommodation. [72] As both parties have made application for assistance out of the special aid fund and as both parties have to some extent had a degree of success at the interim and substantive stage I believe that this is a case where costs should lie where they fall. Pronounced at am/pm in Wellington on Friday 9th of August 2013. M J Doogan JUDGE RESERVED JUDGMENT OF JUDGE M J DOOGAN Copies to: Tom Bennion, Bennion Law Barristers and Soli...

4. Kotahitanga Log Haulage Limited v Forest Distribution Limited - Mangaroa (2015) 121 Waiariki MB 149 (121 WAR 149) [pdf, 162 KB]

   ...Bidois to indicate whether his client wishes to have the matter transferred to the District or High Court. Upon receipt of that indication I will make the necessary order in Chambers. [51] Counsel for the respondents may submit a memorandum as to costs within 10 working days. Mr Bidois to respond within 10 working days. Pronounced in open Court in Rotorua this 5 th day of May 2015. M J Doogan JUDGE

5. Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 Block IV (2014) 321 Aotea MB 24 (321 AOT 24) [pdf, 208 KB]

   ...purpose of using it as an administration base and depot for the trustees to carry out the business of the trust’. The background to that resolution was a consideration by the trustees of the strategic plan. The trustees were unable to afford the costs of bringing the houses and facilities (such as waste water and sewerage disposal) up to a standard of compliance. The trustees had discussions 321 Aotea MB 27 with Weltec about a relationship through which they could use tr...

6. Dixon v Accident Compensation Corporation (Employment Status at time of Incapacity) [2023] NZACC 170 [pdf, 223 KB]

   ...power to reach a decision other than in accordance with the plain words of clause 43. [72] Accordingly, the respondent’s decision to decline weekly compensation dated 3 October 2022 was correct and the appeal therefore must be dismissed. [73] Costs are reserved. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Claro Lawyers, Wellington

7. Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) [pdf, 332 KB]

   ...trustees and removing the appellant are annulled. [39] The Registrar is directed to convene a meeting of beneficiaries to consider the election of additional trustees within three months from the date of this judgment. [40] There is no order as to costs. Pronounced at 4.15pm on Tuesday this 26th day of March 2019. L R Harvey (Presiding) W W Isaac P J Savage JUDGE CHIEF JUDGE JUDGE

8. [2021] NZACC 67 - BH v ACC (27 April 2021) [pdf, 218 KB]

   ...the balance of probabilities as Harrild v Director of Proceedings6 case requires. [93] Accordingly, the appeal is allowed, and the respondent’s decision declining cover dated 23 May 2017 is reversed. [94] Should there be any issue relating to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge 5 Ibid n2. 6 Harrild v Director of Proceedings [2003] 3NZLR 289. ACC 8-19 BH Solicitors: John Miller...

9. LCRO 264/2016 YQ v VG [pdf, 174 KB]

   ...facts were. That was why he interviewed potential witnesses, and produced a report that recorded the evidence he had collected and set out his assessment of that evidence. The witness interviews were constrained by time, presumably to contain costs and so witnesses could focus their minds on what was relevant. The witness interviews were conducted with the purpose of ascertaining fact. There is no impropriety in that purpose. [39] Ms YQ contends that the suspension notice Mr V...

10. Craig - Wainui 2F4D (2005) 37 Kaikohe MB 19 (37 KH 19) [pdf, 687 KB]

    ...presently stands, however, the Court is not satisfied that the land would be more effectively utilised (by the owner) as General land. Indeed, it could be argued that it may be better utilised as Maori freehold land, as a partition application minimal cost would provide separate titles to give security for borrowing etc. Although, again, it could be argued that the applicant would be unable to service that borrowing, a long-term lease of another part (with separate title) may provide an i...