Search Results

1. [2020] NZEnvC 208 Te Runanga o Arowhenua v Canterbury Regional Council [pdf, 158 KB]

   ...court’s decision, leave to be excused from attending the hearing was granted to four parties.6 [6] I set the application down for a hearing because I was concerned that Ngā Rūnanga may be prejudiced if the orders were made.7 The law [7] Section 116(1) of the Resource Management Act 1991 states: (1) Except as provided in subsections (1A), (2), (4), and (5), or sections 116A and 116B, every resource consent that has been granted commences— (a) when the time...

2. [2006] NZEmpC IHC New Zealand Inc v Scott [pdf, 42 KB]

   ...reverted to principle and section 189(2) of the Employment Relations Act 2000 where the Court is given wide jurisdiction to admit evidence even if it might be otherwise inadmissible by virtue of the normally applying statutory provisions and common law principles. He has referred me to a number of authorities. Obviously in giving this decision on the urgent basis that I have, I have not had time to fully consider all of those. However, he has highlighted relevant parts from the d...

3. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...are responsible for the costs relating to any loss or damage to the vehicle. U Ltd disputed that they took possession of the vehicle or were involved in any bailment relationship or have any liability. CI0301_CIV_DCDT_Order Page 2 of 5 Law 4. Bailment is a legal relationship where the owner transfers physical possession of personal property for a time but retains ownership. To create a bailment, the bailee, the one who takes physical possession of the chattel, must both inte...

4. 2021-07-23 ORC - Legal submissions in relation to the pORPS [pdf, 176 KB]

   ...20 ELRNZ 564 (HC) at [78]. 11 Royal Forest and Bird Protection Society of New Zealand Incorporated v Bay of Plenty Regional Council (2017) 20 ELRNZ 564 (HC) at [98]. 12 This decision has been appealed to the Court of Appeal on the question of law of whether the High Court misapplied the Supreme Court’s decision in King Salmon – see Port Otago Ltd v Environmental Defence Society Inc [2020] NZCA 246. 13 Environmental Defence Society Inc v Otago Regional Council [2019] NZHC 2278 at...

5. [2019] NZEnvC 086 Connell v South Taranaki District Council [pdf, 216 KB]

   ...ss 290 and 290A which make it clear that an appeal or inquiry involves consideration of an earlier decision. [30] Looked at in the broad context, any proceeding before the Environment Court involves investigation or examination of facts and/or law and could accurately be described as an inquiry. I do not consider that such a broad interpretation can be applied in considering the exercise of the Court's powers under s 293( 1 ). The provisions of proposed district and regional pl...

6. McQueen v Boon - Waiwhakaata 3E6 Section 4B2 (2023) 261 Waikato Manapoto MB 177 (261 WMN 177) [pdf, 252 KB]

   ...However, Judge Warren and Dr Hond went on to say:14 [22] Whilst many of the examples above determined that costs were not appropriate when applying the whanaungatanga principle, tikanga principles will not always provide this outcome. It is trite law that tikanga principles cannot be assessed in isolation and without regard to context.15 Further, tikanga principles create reciprocal obligations and should not only be considered as a mitigating tool only. [23] In that sense, we...

7. EK v J Limited [2023] NZDT 471 (17 August 2023) [pdf, 194 KB]

   ...priced up on a charge-up basis? If so, does EK owe J Ltd $3,225.75? If not, is he entitled to an order that he is not liable for $3,225.75? What are the terms of the contract and what documents are included? 4. The general principles of the law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It includes an exchange of promises and becomes binding when clear and certain terms are agreed. If a party does not carry out the...

8. Wanikau-Chapman - Ngatiamaahuroa No.5 (2022) 246 Taitokerau MB 291 (246 TTK 291) [pdf, 232 KB]

   ...the Deed on the distribution of the estate:1 Court: I am going to adjourn the application for a defended hearing. That hearing will not take place until March and that will provide you with three months to either settle this matter or engage lawyers to deal with it, okay? B Howard: And if this matter is not settled in three months, what happens then? Court: So if you don’t reach an agreement amongst yourselves within three months, then you will be back in front of me and I�...

9. Duty Lawyer Operational Policy [pdf, 461 KB]

   Duty lawyer service Operational policy August 2019 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

10. TG v Tangilanu [2012] NZIACDT 11 (27 March 2012) [pdf, 105 KB]

    ...further issues. [13] The papers indicated that fees of $1,220 had been refunded. However, there had been no refund of the fees paid for work Ms Tangilanu undertook before becoming a licensed immigration adviser. As work was carried out, even if unlawfully, it did not appear possible to regard the fees paid as client funds being held when Ms Tangilanu became a licensed immigration adviser on 24 September 2010, as they had been expended by that time. Accordingly, it appeared the Tribuna...