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1. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...Waiariki MB 190 their misconduct was the enabling of Kaitoa Logging to secure judgment, apparently by default, against the trust for $26,899.30. It is trite law that the trustees must obey their terms of trust and general trust law principles. Permitting Kaitoa Logging to obtain a significant judgment against them, without much it would appear by way of defence or exploring settlement options was both inexplicable as it was unacceptable. While there may have been deficiencies...

2. COVID-19 Response (Courts Safety) Legislation Bill [pdf, 408 KB]

   ...imposed 4 6708465_3 by a presiding judicial officer, the chief executive or a court security officer, to enter and remain in an area of the court if the presiding judicial officer considers it reasonably necessary in the interests of justice to permit or require the person to do so. 16. These additional safeguards reinforce our conclusion that the discretionary power to issue directions or impose requirements conferred by the Schedule of the Bill is not inconsistent with an...

3. LCRO 235/2017 B and A LT v HF (28 March 2019) [pdf, 133 KB]

   ...preferred supplier of insurance products to the [XYZ] Association ([XYZ]). An element of this commercial relationship involved [DEF] paying a commission to [XYZ] on products sold. As part of an earlier agreement between the parties, [XYZ] was permitted to appoint a director to the board of [DEF]. 2 [4] At the time engaged by this complaint, the appointed director, Mr RR, was also the Chief Executive Officer of [XYZ] which held a 20 per cent shareholding in [DEF]. [5] The l...

4. Eriwata - Waitara SD Section 6 and 91 Land Trust (2005) 155 Aotea MB 269 (155 AOT 269) [pdf, 575 KB]

   ...staying on the Land. In their view, the steps they have taken are lawful, appropriate and in the best interests of all the beneficial owners. They argue that the economic viability of the Land is being eroded by Ms Eriwata's unlawful occupation. To permit her to remain, they contended, would not only result Minute Book: 155 AOT 273 in losses for the other owners but might act as encouragement to others to take matters into their own hands and occupy the Land without the approval...

5. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...OF THE ENVIRONMENT COURT AS TO COSTS A: The application for costs is declined. Costs are to lie where they fall. REASONS Introduction [1] This proceeding concerns an appeal by Wilkins Farming Co Limited in relation to conditions of a water permit1 granted by the Southland Regional Council. WILKINS FARMING CO LTD V SRC - COSTS DECISION 2 [2] The court has issued a procedural decision2 and two interim decisions, 3 allowing for early commencement of the consent and resolving is...

6. Simmons v Board of Trustees of Newlands College (Strike-Out Application) [2014] NZHRRT 60 [pdf, 65 KB]

   ...Part 3 of the Human Rights Act prescribes the statutory procedure for the resolution of disputes about compliance with Part 1A and Part 2 of the Act. Emphasis is placed on the resolution of disputes by way of mediation. Access to the Tribunal is permitted only after a complaint has been lodged with the Human Rights Commission. For present purposes it is necessary to set out only ss 75 and 76 of the Act: 75 Object of this Part The object of this Part is to establish procedures that�...

7. [2016] NZSSAA 026 (11 April 2016) [pdf, 50 KB]

   ...care of the appellant’s parents. It is said that the arrangement was that while the appellant was allowed to breastfeed XXXX and attend to his needs, the appellant’s mother (Mrs XXXX) was to be “the main overseer” and the appellant was not permitted to be alone with the baby. A social worker interviewed by a Ministry investigator confirmed that the intention was for XXXX to return to the appellant’s care but that responsibility for XXXX’s safety and care were with his grandpa...

8. AC v Secretary for Justice 20 March 2012 NZRA 000003 [pdf, 99 KB]

   ...interest. [38] I note that a document on file entitled “Secretary for Justice Decision” is not signed by the Secretary personally. Alison Hill, Director Provider and Community Contracts, has signed it. The Legal Services Act 2011 does not permit the Secretary to delegate the power to approve or decline provider contracts. See sections 77(5a) and 77(1) and (3) which provide that no person may provide legal aid services unless approved by the Secretary and that approval to p...

9. WHT - Chair's directions for standard dwelling house claims [pdf, 190 KB]

   ...including the hearing, in a manner that best ensures speedy, flexible and cost-effective dispute resolution. 17.2 The Tribunal is not bound by the Evidence Act 2006 but is bound by the rules of natural justice. This does not, however, require it to permit cross- examination, although generally it will permit relevant and appropriate questions of parties and witnesses. Weathertight Homes Tribunal – Chair’s Directions (Standard Dwellinghouse claims) August 2015 page 9 of 9 17.3...

10. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

    ...drains (piped or open) and water mains Residential rule REr.34 Building over or alongside drains (piped or open) and water mains of the NRMP states the following: • REr.34.1.(a): Structures closer than 3m to a piped drain or watermain are permitted provided that for drains or watermains less than or equal to 300mm diameter any structure must be located no closer than 1m measured horizontally from the near side of any public unsleeved water main or common private or public sewe...