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1. [2022] NZEnvC 208 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 739 KB]

   ...[12]. Submissions on behalf of GVL dated 15 July 2022 at [10]-[11]. Submissions on behalf of GVL dated 15 July 2022 at [14]. 8 The exe1·cise of discretion [19] Mr Bartlett and Ms Baker-Galloway refer to a number of factors, drawing on case law, that they submit favour granting a rehearing as an exercise of discretion. 16 [20] They submit that the RMA purpose favours rehearing. That is in the sense that the Brennan Consent and the changes to QLDC's approach to managing lan...

2. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...objections have been received to it. Discussion [8] Pursuant to s 44 of Te Ture Whenua Māori Act 1993, the Chief Judge may cancel or amend an order made by the Court or a Registrar, if satisfied that the order was erroneous in fact or in law because of any mistake or omission on the part of the Court or the Registrar or in the presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judg...

3. [2019] NZEnvC 037 Queenstown Airport Corporation Ltd [pdf, 157 KB]

   ...in the rehearing, the District Council submits as a public body it is concerned with the interests of the entire community and the consequences of the rehearing application on Queenstown airport, the people and communities in the District. The law [23) Section 285 of the RMA confers a broad discretion upon the Environment Court to order costs, with the sole qualification being that the quantum must be reasonable. The Environment Court does not have any rule or practice that costs...

4. Kingi Te Kaha 67B (2007) 98 Opotiki MB 133 (98 OPO 133) [pdf, 2.3 MB]

   ...nothing to stop the preferred classes from purchasing the land once it is offered for sale as General land. [12J The Application with the Minutes of the Hearing were received by the COlllt for its reserve decision on 15 December 2006. Relevant Law [13J The provisions of Te Ture Whenua Maori Act 1993 directly applicable to Mr Kingi's application are sections 135 and 136 and they are reproduced below for converuence. 135 Change from Maori land to General land by status order...

5. [2007] NZEmpC AC 49/07 Landmarx Developments (NZ) Ltd v Raman [pdf, 44 KB]

   ...The rules of court must, prima facie, be obeyed, and, in order to justify a court in extending the time during which some step in procedure requires to be taken, there must be some material on which the court can exercise its discretion. If the law were otherwise, a party in breach would have an unqualified right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [6] Mr Kashyap also cited Avery v No 2 Publ...

6. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...enforceable to the extent reasonably necessary to protect the legitimate proprietary interests of the plaintiff. I deliberately used the word “may” as an injunction is a form of equitable relief to be granted as a matter of discretion. The law favours competition and it will be most unusual that a provision whose purpose is solely to inhibit competition will be enforced. [26] The essential issues in this case are: a) Did the plaintiff have a proprietary interest in relation...

7. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...Wendy Smerdon. [9] At the hearing of the challenge Mr Taylor was present personally and was represented by counsel. His evidence was supplemented by that of his wife, Jane Taylor. Mr von Tunzelman gave evidence and again called Ms Smerdon. The law [10] Where the identity of an employer is in question the onus is on the employee to prove on the balance of probabilities who the employer was. This is generally assessed as at the beginning of the employment relationship2. [11]...

8. Parker - Pt Waipahihi 2B2B Roadline (2012) 52 Waiariki MB 295 (52 WAR 295) [pdf, 120 KB]

   ...the 1951 order the roadway remained in the ownership of the owners of the original Waipahihi 2B2B block who became, by reasons of the partition, the owners of Waipahihi 2B2B1 and 2B2B2. However, the ownership of the roadway has since evolved by law in accordance with s 427(1) of the Māori Affairs Act 1953 (“1953 Act”) and s 326(1) of the 1993 Act. Section 326(1) provides: 326 Alienation of land to include alienation of interest in roadway giving access to that land (1) W...

9. [2022] NZACC 60 – Martins v ACC (12 April 2022) [pdf, 198 KB]

   ...the effects of that have now ceased but symptoms continue associated with the lumbar spondylosis. … The injury of 2017 was not responsible for the development of the lumbar spondylosis which, as said, is a constitutional condition. Relevant law [22] Section 20(2)(a) of the Accident Compensation Act 2001 (“the Act’) provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include person...

10. [2022] NZACC 41 – Judkins v ACC (17 March 2022) [pdf, 178 KB]

    ...Mr Judkins applied to review this decision. On 28 February 2013, the Reviewer dismissed the application for review, and found that Mr Judkins had not established that the Corporation’s decision, or the evidence upon which it was based, was flawed. [6] Meanwhile, in September 2012, Mr Judkins had suffered injuries to his arm, back, hip and thigh. On 20 February 2013, surgery was undertaken on Mr Judkins’ left shoulder. His general practitioner certified Mr Judkins as fully u...