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1. Burn v CAC 20002 & Bardohl [2014] NZREADT 56 [pdf, 31 KB]

   ...4 re-selling of the 7 Hobson Heights Road property, we accept that the agreed re-sale price was $948,000, which was $32,000 below the price the appellants had paid for the property. The appellants attribute this loss to the fact that the deck permit had still not been issued when they went to on-sell the property. However, they acknowledge that they sold the property at a time when the market was low and that this also affected their sale price. [14] As Ms Copeland points out for t...

2. [2024] NZEnvC 208 Pokeno West Limited v Waikato District Council [pdf, 604 KB]

   ...Pōkeno.8 [10] It is noted that whilst the Decision Report refers to a ‘Neighbourhood Centre Zone’, this zoning does not exist under the Operative District Plan or the PDP. Instead, the PDP in GRZ-R7 provides for neighbourhood centres as a permitted activity in the GRZ, if they are within an area identified in a Council approved Structure Plan or Master Plan.9 The appeal [11] On 1 March 2022, the Appellants appealed the Decision under clause 14 of Schedule 1 to the Act (App...

3. [2024] NZEmpC 144 A Labour Inspector of MBIE v Elements Therapeutic Massage Limited and other(s) [pdf, 189 KB]

   ...[14] The Court may make an order for substituted service in the circumstances set out in r 6.8 of the High Court Rules 2016 which provides:12 6.8 Substituted service (1) If reasonable efforts have been made to serve a document by a method permitted or required under these rules, and either the document has come to the knowledge of the person to be served or it cannot be promptly served, the court may— (a) direct— (i) that instead of service, specified steps be taken that...

4. [2024] NZEmpC 198 Fredricsen and anor v Air New Zealand Ltd and Air New Zealand Ltd v Fredricsen and anor [pdf, 305 KB]

   LEIF FREDRICSEN v AIR NEW ZEALAND LIMITED [2024] NZEmpC 198 [10 October 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 198 EMPC 5/2024 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN LEIF FREDRICSEN First Plaintiff AND WARREN LAWRENCE Second Plaintiff AND AIR NEW ZEALAND LIMITED Defendant EMPC 16/20

5. Accompanying Overview for Proposed Changes to the Family Court Rules Exposure Draft [pdf, 184 KB]

   ...should be provided through Te Au Reka. • Submitters also: o noted that the process for authorising and terminating information access needed to be carefully managed o asked whether ‘supervised access’ to court information as currently permitted in the rules could occur through the use of technology, without a court officer being present, and o suggested that information access rights through the ordinary course of proceedings needed to be clear compared with access under...

6. [2024] NZEmpC 256 VGM v JXC [pdf, 185 KB]

   ...interests of justice to deprive the defendant of the fruits of their success. If a stay were to be granted, the defendant would lose the opportunity to use the money which the Authority ordered to be paid to them, while the plaintiff would be permitted to continue to trade profitably and unaffected by the awards. I am satisfied that the balance of convenience favours the defendant. Outcome [26] Weighing up these factors, the overall interests of justice are met by declining the...

7. Robson - Whitianga 9B1 (Tatawake Meeting house) Māori Reservation (2025) 329 Waiariki MB 217 (329 WAR 217) [pdf, 276 KB]

   ...motion for a secret ballot was passed. Once the nominations had been finalised, the voting process was then explained to those in attendance, and voting papers were distributed. [16] Under clause 7(d)(ix) of the Terms of trust, voting by proxy is permitted. 329 Waiariki MB 221 [17] During the meeting, issues were raised regarding the proxy votes, as there were some irregularities regarding some of the proxies and concerns about block voting. The matter was discussed, and the m...

8. 20241211 Local Government Water Services Bill [pdf, 205 KB]

   ...of $20,000 for an individual or otherwise $200,000; 6 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 (SC) at [162] per Blanchard J. 7 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 at [26] and [27] per Elias J. b. discharging trade waste without a permit, with a maximum fine of $500,000 for an individual or otherwise $3,000,000; c. connecting to, disconnecting from, or discharging materials into a stormwater network without authorisation, with a maximum fine of $50,000 for an individual...

9. Bryan v Accident Compensation Corporation (Attendant Care Payments) [2024] NZACC 155 (30 September 2024) [pdf, 150 KB]

   ...with the insurance-based nature of the scheme, compensation was only payable upon application for cover and for the particular entitlements sought. There was also a 12 month time bar on lodging a claim, although the Act was amended in 1995 to permit late claims if ACC was not prejudiced. The 1998 Act continued the insurance-based scheme and retained the 12 month time bar for claiming cover. The conscious omission of a transitional provision for entitlements under the 1992 and 199...

10. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

    ...close boarded timber fence along the boundary between the driveway at [Property A] and the property at [Property B]. The fence is to be 1.8 metres in height with the posts centred on the boundary line and the boards on the [Property B] side. ZD is to permit the contractor to have access to the driveway at [Property A] for this purpose as required. The work is to be completed by 15 December 2024. Reasons: 1. For many decades, from well before the parties purchased their respective pro...