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1. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

   ...permanent supply discussed in paragraphs 13 and 14, with comparable effects. [31] During the works to the bluestone wall and the Albert Street one-way link, pedestrian and vehicle access to all adjacent properties will be maintained. Relevant law [57] Barclay asserts that the Designation conditions require the slip lane to remain open for vehicle use at all times because its closure was not anticipated at the time of confirmation of the Notices of Requirement in 2012 and 2016....

2. Cooper - Motatau 2 Sec 23A1A (2004) 99 Whangārei MB 107 (99 WH 107) [pdf, 1.1 MB]

   ...arguable issue is whether a pa~ition is "necessary to facilitate the effective operation, development and utilisation of the land". The Cou~ is satisfied that a pa~ition is necessary to achieve those objectives. It is now established in case law (Brown and subsequent decisions in this Cou~) that, to determine whal is "necessary", the threshold is "reasonably necessary" rather than "absolulely necessary". There has been acrimony between the applicanls...

3. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 351 (2017 APPEAL 351) [pdf, 288 KB]

   ...Appearances: J Kahukiwa for the Appellant P Hoskins for the Respondent Judgment: 18 October 2017 JUDGMENT OF THE COURT ON COSTS Copies to: J Kahukiwa, Corban Revell Lawyers, DX DP92558 K Dixon/W Rihaka, Dixon & Co Lawyers, PO Box 10 081 2017 Māori Appellate Court MB 352 Introduction [1] This appeal was dismissed on 8 June 2017. Counsel were invited to exchange submissions on costs and

4. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

   ...benefited from the land at all while, I infer, others had done so. It was important Ms Ruwhiu contended that there should be a proper basis for the trust to continue to operate so that all of the owners were able to benefit. Te Ture The Law [12] Section 238 of Te Ture Whenua Māori Act 1993 provides: 238 Enforcement of obligations of trust (1) The Court may at any time require any trustee of a trust to file in the Court a written report, and to appear before the Court for...

5. CAC 20003 v Jhagroo [2014] NZREADT 8 [pdf, 193 KB]

   ...within 10 working days. As noted above, a $25,000 deposit was payable on the agreement becoming unconditional. Settlement was to take place on 31 July 2007 but this was subsequently altered to 3 August 2007. [10] Mr Les Divers, principal of the law firm Churton Hart and Divers acted as solicitor for the vendors. Prior to the agreement being signed, Mr Divers had advised the vendors that in any sale and purchase agreement they should include a clause making any sale conditional on...

6. [2010] NCZA 547 CA552/2009 A Worker v A Farmer [pdf, 31 KB]

   ...nature of a contract of employment, the doctrine will not easily be able to be invoked by an employer because of the drastic effect which it would have on the rights of vulnerable employees – the present respondents being an example (16 Halsbury’s Laws of England (4th ed), para 283). We bear in mind also the observation of Bingham LJ (as he then was) in J Lauritzen AS v Wijsmuller BV [1990] 1 Lloyd’s Rep 1 (The “Super Servant Two”) at p 8 that: “2. Since the effect of frus...

7. ENV-2017-AKL-000096 Straits Protection Society Incorporated v Auckland Council [pdf, 166 KB]

   ...Solicitor Acting Counsel Acting Simpson Dowsett Meggitt Rob Enright 2 Enfield St Northern Steamship Mount Eden Level 1, 122 Quay St Auckland 1024 Britomart t: 09 620 8154 Auckland 1010 e: Andrew@sdmlaw.co.nz t: 021 276 5787 Attention: Andrew Simpson e: rob@publiclaw9.com TO: The Registrar Environment Court PO Box 7147 Wellesley Street AUCKLAND Email: trent.grace@justice.govt.nz 1 Straits Protection Society Inc (Strai

8. GN & GO v LQ Ltd Power Company U [2022] NZDT 121 (24 August 2022) [pdf, 219 KB]

   ...claimed $1,500.00 for mental stress and inconvenience. Damages of this kinds are very rarely awarded in the Tribunal this is because of three factors: • General damages for stress and inconvenience are not recoverable under principles of contract law unless the contract was for emotional satisfaction or the achievement of peace and relaxation i.e., the purpose of the contract. • There is stress and inconvenience associated with most forms of transacting, particularly when the contr...

9. Henare - Hokio A and Part Hokio A [2018] Chief Judge's MB 164 (2018 CJ 164) [pdf, 451 KB]

   ...JUDGMENT OF CHIEF JUDGE W W ISAAC Copies to: Felix Geiringer, Felix Geiringer, Terrace Chambers, PO Box 10-201, Wellington felix.geiringer@terracechambers.co.nz Donna Hall, Woodward Law Offices, Barrister and Solicitors, PO Box 30-411, Lower Hutt info@mokoia.co.nz mailto:felix.geiringer@terracechambers.co.nz mailto:info@mokoia.co.nz 2018 Chief Judge’s MB 165 Introduction [1] This application filed by Eugene Thoma...

10. [2018] NZEnvC 154 Coastal Ratepayers United Incorporated v Kapiti Coast District Council [pdf, 472 KB]

    ...Bielbl factors and the factors relevant to an award of costs identified in paragraph 6.6(d) of the Environment Court Practice Note 2014 (the Practice Note). [11] The Council referred to the Court's standard practice spelled out in both case law and paragraph 6.6(c) of the Practice Note that: ... the Court will not normally award costs against the public body whose decision is the subject of the appeal unless the public body has failed to perform its duties properly or has acted...