Search Results

1. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...Mr Davidson’s award should take account of his preparedness to settle for less and Mr Rittson-Thomas’s rejection of that offer. [17] Dealing with the defendant’s claim for an uplift of costs, Mr Govender referred to the High Court Rules permitting this. The preferable analogy is, however, the direction of the Court of Appeal in employment cases that the nominal starting point is a figure of two-thirds of costs actually and reasonably incurred but which can be increased by wa...

2. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...at any time and refund the premium. Since TYY was free to take this step without needing any reason, I find that FB’s loss of cover for the ABS failure was caused not by the actions of TY as TYY’s agent, but by TYY’s free choice to cancel as permitted under the contract. Therefore, it cannot be recovered as a consequential loss. [13] FB argued that he had lost the opportunity to obtain an alternative MBI policy, but TYY gave evidence that MBI insurers do sell direct to the pub...

3. ENV-2016-AKL-000xxx Silvertown Group Limited (previously East Coast Farms Limited) v Auckland Council [pdf, 3.1 MB]

   ...Residential - Large Lot Zone in recognition of its steeper topography, proximity to commercial activities and it having some visual prominence. The Panel notes that the purpose of the precinct is to provide for a lower intensity of subdivision than permitted in the underlying zones (Residential -Large Lot Zone and Residential - Rural and Coastal Settlement Zone) in order to protect significant landscape features. In addition, it includes controls on siting and design of buildings to r...

4. MOJ0120-PRINT.pdf [pdf, 764 KB]

   ...Coroners Court • Environment Court • Employment Relations Authority (ERA) • Waitangi Tribunal • Human Rights Review Tribunal • Disputes Tribunal • Motor Vehicle Disputes Tribunal • Tenancy Tribunal • other tribunals (as resources permit) Who can speak Māori in a court or tribunal? The Māori Language Act 1987 states you can speak Māori in any legal proceedings, whether or not you are able to understand or communicate in English or any other language. Any of the fo...

5. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...added for late payment, and $50 for debt collection fees. 2. The issues to be determined are: a) Did SU breach a contract with F Ltd? b) Are the charges enforceable? Did SU breach a contract with F Ltd? 3. Where a private car park has signs permitting parking under certain conditions, the courts have found that someone parking there may be accepting an offer to enter into a contract on those terms. 4. F Ltd provided evidence that it had signs at the entrances to the car park tha...

6. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...property had the benefit and the burden, and provided that (a) the owner for the time being of each property would “[n]ot…[p]ermit or suffer [the property] to be used for any trading or commercial purposes, or any other use other than those permitted by the District Plan of the relevant local authority”, and (b) any “breach or non-observance” could lead to a claim for liquidated damages of $5,000”, as well as being required to remedy the breach for which entry was permitt...

7. Protection-Order-applications-flowchart_JUN2023_v1.0.pdf [pdf, 184 KB]

   ...for a without notice application. Breach of Police Safety Order - a Police Safety Order (PSO) can be issued by Police to protect people at risk from violence, harassment or intimidation. If the person bound by the PSO does anything that is not permitted, Police can take them to the District Court and request a temporary Protection Order be issued. This occurs as long as there is no objection from the person being protected. This temporary Protection Order follows the process for a wi...

8. [2020] NZEmpC 134 Reimann v Hodgson [pdf, 192 KB]

   ...in the order of $26,000 into Court prior to their being able to proceed with their challenges. Counsel for Mr Hodgson also submits that, regardless of his application for security for costs, the de novo hearing of the challenges should not be permitted to proceed until the costs awarded by the Employment Relations Authority (the Authority) from the last hearing have been paid to Mr Hodgson by Mr Reimann and Mr Hurst.1 [2] For the reasons set out in this judgment, Mr Hodgson’s ap...

9. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...before OX vacated the premises. I am unable to agree that ND breached the contract in the way the events actually unfolded. 7. In any event ND may have been able to rely upon clause 8 which provides that “Drugs and other illegal acts” are not permitted and the head tenant reserves the right to summarily evict the tenant. Further as I pointed out to OX in the hearing, if he had taken his possessions away, then the bond would almost certainly have been refundable at that time, subj...

10. [2023] NZEnvC 084 Aratiatia Livestock Limited v Southland Regional Council [pdf, 189 KB]

    ...2023 hearing: (a) is there scope for a different activity status in relation to Rule 78? (b) is there scope for a new rule to be included in the plan limited to the sub-clauses under appeal? The status of a new rule is something other than a permitted activity; (c) if there is no scope in relation to activity status per se, then whether the court allows or declines the appeals seeking new or amended sub- clauses to Rule 78. 9 Policy 30 and Rule 78 are to be referred to the...