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1. [2019] NZEnvC 124 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.7 MB]

   ...assume this is the case, where there is clear evidence that the applicant has acted contrary to the Court's interim decision we cannot with any confidence impose conditions requiring the building 's removal. We also note the house is a permitted activity thus its removal is problematic. [14) We acknowledge and accept that the building can be placed on this Lot 1. However, the activity requiring resource consent cannot be granted consent if that activity prevents the mitiga...

2. [2014] NZEmpC 214 The Selwyn Foundation v Nayathodan [pdf, 83 KB]

   ...power being exercised. 3 At [28]. 4 At [12]. 5 At [14]. 6 Oldco PTI (New Zealand) Ltd v Houston [2006] ERNZ 221 (EmpC). [11] Despite acknowledging that if the current challenge is permitted to proceed, there may be (potentially) four separate hearings of the case (two in the Authority and two by way of challenge in the Court), the defendant concedes the plaintiff’s right to challenge the Authority’s preliminary de...

3. LCDT - 2013 annual report [pdf, 442 KB]

   ...requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. The circumstances where a reduced quorum is permitted has been extended by recent amendment to the Act2. 2 Lawyers and Conveyancers Amendment Act 2012, ss 15 and 19. Page | 4 This change has allowed speedier cons...

4. [2021] NZEmpC 78 Alkazaz v Enterprise IT Ltd [pdf, 208 KB]

   ...on by one of the parties was alleged to have settled all disputes.8 Serious allegations were made including claims of extortion and blackmailing behaviour, and matters of credibility, to justify the Judge looking behind the document including permitting cross-examination.9 [12] In Kidd, the Court held that the words “special circumstances” are wide, comprehensive, and flexible indicating something abnormal, uncommon or out of the ordinary, but something less than extraordinar...

5. Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 Aotea MB 153 (299 AOT 153) [pdf, 111 KB]

   ...whether or not any trust is established. 299 Aotea MB 154 [4] The two principal issues for determination are firstly, whether or not the tests for the creation of an ahu whenua trust have been met; and secondly, whether or not Ian Ngaia should be permitted to reside in the dwelling for his lifetime. Background [5] Manukōrihi 1B section 2 was created by partition order on 21 July 1949.1 At the time it was vested in Mina Retimana solely. 2 [6] The interests of Mina Retimana we...

6. [2022] NZEnvC 240 Cornelius v Western Bay of Plenty District Council [pdf, 799 KB]

   ...WBOPDC Development Code 2009. Any no stopping’ lines shall be in accordance with the relevant standards of the WBOP Development Code 2009, Austroads, Traffic Control Devices Rule/MOTSAM. 31. THAT one arrival/site identification sign shall be permitted within the site frontage. This sign shall be limited to a maximum height of 3m in height and shall have a maximum signage area 3m2. The sign may be double sided but shall not be illuminated. Additional signs are permitted on...

7. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...Ltd [2013] NZEmpC 245 at [28], this District Health Board cannot be identified. 3 Richmond Services Ltd v Bracewell [2013] NZERA Auckland 481. [2] Ms Bracewell is concerned that a client in the care of the defendant (client A) has been permitted to engage in abusive prostitution by the defendant, members of its senior management and a registered medical practitioner (L). The plaintiff and her advocate, Dr Cook, assert that this has damaged, and unless prevented, will contin...

8. BORA Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill [pdf, 297 KB]

   ...(right to be presumed innocent). Our analysis is set out below. The Bill 3. This Bill seeks to amend the Bail Act 2000, the Parole Act 2002 and the Sentencing Act 2002 (‘the Acts’). Currently there is no explicit legislative authority that permits community- based offenders, parolees or defendants who have been released on bail (‘bailees’) subject to a condition prohibiting the consumption of drugs and/or alcohol to submit to testing. The amendments establish a legislative bas...

9. MVDT Annual Report 2010-2011 (Auckland) [pdf, 238 KB]

   ...Motor Vehicle Sales Act 2003 (“the Act”) I would like to propose concerns the jurisdiction of the Tribunal which is contained in s89 of the Act. The Tribunal’s jurisdiction was extended by s16 of the Motor Vehicle Sales Amendment Act 2010 to permit the Tribunal to make orders under the Contractual Remedies Act 1979. Unfortunately s16 of the Motor Vehicle Sales Amendment Act 2010 only permits the Tribunal to make orders under s9 of the Contractual Remedies Act which is the secti...

10. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

    ...was also demonstrated by evidence of complaints and loss of rental income from the subtenants. 8. It is clear that the overall impact of the renovations amounted to a substantial interference with SI’s ability to use the premises for the purposes permitted under the lease, in breach of the covenant of quiet enjoyment. 9. I also find that the impact of the renovations continued beyond 10 July. SI produced evidence that her subtenants were upset by loud noise on 3 August from grinding...