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1. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

   ...enforcement cases, where parties sometimes have no option but to participate. [15] In Canterbury Cricket, the Court brought into this account some further factors, including thatlO in proceedings where any right of appeal is limited to points of law, it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, be thoroughly prepared. The Court also noted 11 differences in scope and conduct of the first insta...

2. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 210 KB]

   ...At all material times the appellant was a self-employed contractor engaged in the business of property maintenance trading as Pristine Property Maintenance Limited. [4] His work tasks involved gardening, weeding, fencing, landscaping, paving, lawnmowing, tree trimming, tree removal, hedge trimming, water blasting, painting, rubbish removal and general property maintenance and building repairs. [5] On 16 April 2014 the appellant hurt his back by lifting a fully laden tandem trai...

3. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...actually performed. The claimants are entitled to judgment for their remedial costs in that amount. WHAT ARE THE CONSEQUENTIAL LOSSES? [191] Under s 50(1) of the Act, the Tribunal is able to grant any remedy that could be claimed in a Court of law in relation to, or for the consequences of, building defects and damage caused by the penetration of water into the building concerned. That includes the recovery of amounts which are additional to, but consequential on, the need to re...

4. Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19 (76 WAR 19) [pdf, 159 KB]

   ...2011, 47 Waiariki 214-236 (Heard at Opōtiki) Appearances: M Insley, counsel for D Hiākita Judgment: 24 May 2013 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Copies to: Tairawhiti Community Law Centre, 11 Derby Street, Gisborne 4010 Attention: Marcia Insley Email: marcia@tairawhiticlc.co.nz 76 Waiariki MB 20 Introduction [1] This is a case about the appointment of replacement trustees, a matter that has received som...

5. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...ASSESSMENT COMMITTEE 401 AND AARON HUGHES AND AVIND LAL Defendants Hearing: 22 July 2016 Tribunal: Ms K Davenport QC - Chairperson Ms N Dangen – Member Mr G Denley – Member Appearances: Ms C Paterson and Ms K Lawson Bradshaw for the Real Estate Agents Authority Mr S Stokes for Mr Hughes Mr T Rea and Mrs C Eric for Mr Hape Mr R Butler for Mr Lal Decision: 24 August 2016 ___________________________________________________________________...

6. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...relates to an application by Southland District Council (‘the Council’) against a response to a period of intensive land development on the farming property known as Te Anau Station (‘the Station’), alleging that the land development was unlawful. Background [2] The application for enforcement orders was lodged with the court in August 2020, seeking an order requiring cessation of, and prohibition of, any further indigenous vegetation clearances on the Station. The Coun...

7. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...fixtures on land (s2(1) of the CGA). 17. Where the CGA does not apply to a contract for the sale of goods, there is no implied guarantee as to the quality or fitness of goods supplied except as set out in ss138 and 139 of the Contract and Commercial Law Act 2017 (“the CCLA”). Under s138 of the CCLA, there is an implied condition that the goods are reasonably fit for purpose where the buyer makes known to seller (expressly or by implication) the particular purpose for which the good...

8. Tamati v Wainohu - Tamati Whanau Trust (2010) 5 Tairawhiti MB 87 (5 TRW 87) [pdf, 83 KB]

   ...trustees. She believes they are very good trustees and stated that John is one of the most trusted in the family. Turipo added that she and both trustees have used their own money to locate and reclaim the whanau lands of Mr and Mrs Tamati.6 The Law [40] This Court has extensive supervisory powers in relation to trusts, including all the same powers and authorities as the High Court. [41] Section 238 of TTWMA provides the Court with jurisdiction to enforce the obligations of tr...

9. LCRO 69/2017 AO v IA (1 May 2018) [pdf, 137 KB]

   LCRO 69/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN AO Applicant AND IA Respondents DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr AO has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to t

10. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

    ...Council v The Bay of Plenty Regional Council (2008) 19 PRNZ 91 (HC) at [10]. a) A permanent injunction restraining the defendant from breaching the confidentiality provisions as contained in his employment agreement and/or as implied by law. b) A declaration that the defendant has breached the employment agreement between the parties by breaching: i His contractual obligation of confidence (clause 10); and ii His contractual duty of fidelity (clause 2.1.2); and...