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1. [2021] NZEnvC 016 Clutha District Council v Otago Regional Council [pdf, 119 KB]

   ...stay application. 7 G iven the directed tim e has now elapsed, parties agreed O rder B is redundant. T he court therefore records that O rder B is vacated as it no longer serves any purpose and w ill not be addressed any further. T h e law Section 285(1) of the R esource M anagem ent A ct 1991 (R M A ) outlines the discretion of the E nvironm ent C ourt in considering an aw ard of costs. 8 T he court in W aitakere R esource C onsents L im ited v W ai...

2. MOJ0217.1E_OCT21_WEB.pdf [pdf, 343 KB]

   ...for administering the trust. Trustees’ duties Trustees are bound by Te Ture Whenua Māori Act and the Trusts Act. Their key duties are to maximise the assets and minimise the liabilities of the trust to the best of their ability and within the law. Their powers, rights and obligations are set out in the trust order. Trustees must carry out their duties within the terms and objectives of the trust, act honestly and for the benefit of beneficiaries14 of the trust. Trustees must not spe...

3. Adoption Action Inc v Attorney-General (Non-Party Access to File) [2013] NZHRRT 4 [pdf, 53 KB]

   ...of reply being made available as requested but suggests that provision await the filing of the foreshadowed amended statement of claim. Ms Coleman similarly has no objection to disclosure of the stage the proceedings have currently reached. The law to be applied [8] The subject of non-party access to a Tribunal file was very recently considered by the Tribunal in IHC New Zealand v Ministry of Education (Non-Party Access to Tribunal File) [2013] NZHRRT 2 (31 January 2013). In that dec...

4. Brunton - Estate of Eileen Morehu Te Huruhuru (2004) 108 South Island MB 151 (108 SI 151) [pdf, 388 KB]

   ...hapO associated with the Waikouaiti interest. 3.8 Accordingly, I determine that, in the absence of any evidence to the contrary, Mrs Burney is entitled to succeed to the Waikouaiti interest. 4. Section 108(2)(c)/93 4.1 I will now turn to how the law relates to the factual context outlined above. Under section 108(2)(c)/93, an owner of a beneficial interest in Maori land can only leave that interest by will to a person who is related by blood to them and who is a member of the hapO as...

5. [2009] NZEmpC CC 6/09 Gamble v AgResearch Ltd [pdf, 32 KB]

   ...was an employee of the defendant for the purposes of the Employment Relations Act 2000 or otherwise has standing to pursue her claims under the Employment Relations Act 2000 against the defendant. [11] That issue is clearly one of mixed fact and law. As to the issues of fact, I have approached this matter on a basis similar to that appropriate to an application to strike out proceedings. I have assumed that allegations of fact made in the statement of claim are susceptible of pro...

6. S Ltd v D Ltd [2023] NZDT 405 (8 November 2023) [pdf, 120 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 405 APPLICANT S Ltd RESPONDENT D Ltd The Tribunal orders: D Ltd is to pay directly to S Ltd the sum of $3,358 or before 12 September 2023. Summary of Reasons: [1] The hearing was convened by teleconference. Both parties appeared at the hearing. Background [2] In early 2021 the applicant engaged the respondent to

7. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...the parties? Was there a binding settlement agreement? CI0301_CIV_DCDT_Order Page 2 of 4 6. A consumer who has a claim under the Consumer Guarantees Act 1993 (CGA) can agree to settle or compromise that claim, and the normal rules of contract law apply to any settlement agreement. However, parties generally cannot contract out of the Act in advance (CGA s 43). 7. I find that NS was not bound by the agreement reached regarding the January invoice because the agreement was made bef...

8. Tapsell - Lot 1 Owhatiura South 5 (2021) 257 Waiariki MB 176 (257 WAR 176) [pdf, 235 KB]

   ...of status is needed to unlock the potential of developing the whānau housing blocks, improve access and to secure finance over Lot 1. Counsel submits that without a change of status “banks will not lend on Māori land.” Te Ture The Law [8] Sections 135 and 136 of Te Ture Whenua Māori Act 1993 (the Act) provide:2 135 Change from Maori land to General land by status order (1) The Maori Land Court shall have jurisdiction to make, in accordance with section 136 or s...

9. Staiger v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 69 [pdf, 155 KB]

   ...notice for leave to appeal out of time, confirming Ms Staiger’s grounds for applying for leave to appeal out of time. [6] On 3 May 2023, Ms Staiger provided an affidavit addressing the delay in obtaining a rheumatological report. Relevant law [7] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received b...

10. [2018] NZEnvC 158 Brown v Whangarei District Council [pdf, 3.5 MB]

    ...seek RVRE zoning for the Brown submission area, counsel submitted that they carefully considered whether there is scope for RVRE zoning on appeal. Having had regard to the [25] submissions relating to South Road and to factors identified in case law, counsel submitted that they are satisfied that: (a) The Brown submission was expressed as being "on" Plan Changes 85, 85A-O, 86A & B, including PC85C (RVE) . (b) The appropriate extent of RVRE zoning at South Road was ra...