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1. [2024] NZEnvC 190 Gisborne District Council v Aratu Forests Limited [pdf, 202 KB]

   ...not clear to the Court that providing supporting affidavits could take matters any further when that evidence is untested. The Court balanced the usual expectation that access to Court documents when proceedings are at an early stage will only be permitted in limited cases. It observed that its decision does not preclude the applicant seeking access to Court documents either at a later stage or when more specificity can be given about the reasons access is sought and is considered t...

2. Te Rangi - Mahanga 1C1E (2012) 25 Tairawhiti MB 268 (25 TRW 268) [pdf, 108 KB]

   ...application for appointment and replacement of trustees may have resulted in some frustration and confusion on the part of owners, until such time as new trustees are appointed by the Court the current trustees are the only ones with authority to permit occupation of the marae. In my view therefore a serious question to be tried has been established by the evidence before the Court at this time. [15] In relation to the balance of convenience this favours the applicants. There are p...

3. [2020] NZEmpC 130 Tolson v Potter [pdf, 188 KB]

   ...costs that must be exercised in the interests of justice and in accordance with established principles. It is assisted by a Guideline Scale intended to promote predictability, expedition and consistency.3 [9] Relevant here too is reg 68, which permits the Court to have regard to any Calderbank offers that may be made a reasonable time before the hearing. If a party’s decision to decline such an offer was unreasonable, that is likely to justify an uplift in costs, above what mi...

4. [2020] NZEmpC 193 JGD v MBC Ltd [pdf, 165 KB]

   ...Holden in FVB v XEY. I agree with her observation that where an application is made on an interim basis, the principle of open justice will hold less weight than at a later stage in the proceedings.4 That is because the Courts are cautious about permitting public opinion to form, and potentially reputational damage to occur, on the basis of allegations. [8] I also agree with Judge Holden’s observations about the significant detrimental impact publication of the names of pa...

5. Falmouth v Holyhead LCRO 172 / 2009 (19 January 2010) [pdf, 48 KB]

   ...agreed to there was a risk that the Court would order unsupervised access. I also note that a handwritten consent memorandum provided to the Court records an agreement under which the father was, after eight weeks of supervised contact, to have been permitted to collect the child from the home of Ms Falmouth on Saturdays and have contact from 10.00 am to 2.00 pm. In light of this I do not consider it to have been shown that Mr Holyhead inappropriately misrepresented any information...

6. [2019] NZEnvC 104 Moase v Auckland Council [pdf, 4.5 MB]

   ...or an application for a change of consent conditions, or on a review of consent conditions: (a) the applicant or consent holder: (b) any person who made a submission on the application or review of consent conditions: (c) in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation. (1A) However, there is no right of appeal under this section against the whole or any part of a decision of a consent authority referred to in subsection (1) to the extent t...

7. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [24] Section 194 of the Act permits judicial review proceedings to be brought against any exercise of a statutory power by the Authority. However, s 184 places limitations on that power of review.7 First, it states that review proceedings may not be brought in relat...

8. [2009] NZEmpC WC 3/09 Mana Coach Service Ltd V The Tramways Union [pdf, 18 KB]

   ...between the parties can be achieved by leaving each to meet its costs of representation in litigation without enforced contribution from the other. The discretion left with the Court under clause 19 of Schedule 3 of the Act dealing with costs permits such an approach as do the judgments of the Court of Appeal referred to earlier. The philosophy of the legislation for the promotion of good employment relationships reinforces that decision. [10] Although I am aware of the...

9. AAN and AAO v ZZP, ZZO and ZZN in their capacities as Trustees of FT Family Trust [2013] NZDT 8 (16 March 2013) [pdf, 59 KB]

   ...Contractual Remedies Act 1976 (CRA) apply. [6] Clause 6 of the Agreement contains warranties given by the FT Family Trust on sale. Clause 6.2(5) includes an undertaking that where any work was done by the FT Family Trust at the property, any permit or consent required by law was obtained and complied with. AAN and AAO believe the electrical work done at the property was in breach of this, and claim remedial costs for this of $558.00. [7] Beyond the warranties...

10. [2022] NZEnvC 057 Northland Regional Council v Harness [pdf, 608 KB]

    ...deposited by Mr Harness. Mr Harness resides in Boatshed 6155 adjacent to Riverside Drive, Hātea River, Whangārei. The vessel “Windswift” was secured to Boatshed 6155 and continuously occupied that part of the coastal marine area, in breach of permitted activity Rule C.1.2.1 of the Proposed Regional Plan for Northland by exceeding mooring for 14 days. The resource consent for Boatshed 6155 is held by Mr Harness and Mrs J A Wright, who passed away in 2017. Mr Ramsay is the...