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1. [2023] NZEmpC 118 Halse v Hamilton City Council [pdf, 209 KB]

   ...partiality in a broad sense to whoever is disfavoured by the ruling… [101] We know of no common law jurisdiction which accepts that a judge's adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are either so patently erroneous or so disproportionate as to suggest that something untoward must have motivated them. Even a statistical approach cannot obtain here: most judges will...

2. 2021-07-23 ORC - Legal submissions in relation to the pORPS [pdf, 176 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

3. Gilbert v Mulligan - Part 3 Lot DP 3020 and others (Shelly Bay) (2023) 466 Aotea MB 164 (466 AOT 164) [pdf, 487 KB]

   ...an abuse of process and that the Court does not have jurisdiction to hear it because the land in question is general land. Ngā take – Issues [7] The question for determination is whether the amended application of 16 June 2021 should be permitted to proceed. To determine this, the following issues must be considered: (a) Does this Court have jurisdiction to make the orders sought pursuant to s 18(1)(i) or s 237 of Te Ture Whenua Māori Act (“the Act”)? (b) Should the app...

4. [2016] NZSAAA 01 (14 March 2016) [pdf, 218 KB]

   ...Allowance assistance. This was changed in 2013, reducing the entitlement of students aged 40 or over enrolling in any “recognised course or courses of study … commencing on or after 1 January 2014” to 120 weeks. Transitional provisions, however, permitted students in receipt of an allowance in 2013 to continue to receive an allowance in 2014 up to the old 200 week maximum. Accordingly, when the appellant applied for an allowance in 2014 the transitional provisions came into play a...

5. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...notice or conclusion of the bargaining. 3. The lockout is only in respect of employees who are or were on strike on 17 June 2010. Any of your members who were not party to the strike are not locked out. 4. The locked out employees are not permitted to enter the Employer’s premises for the duration of the lockout without specific permission from the Employer. [6] In its substantive proceedings the SFWU has two causes of action against the employer. [7] The first is that th...

6. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

   ...it insulting. As mentioned, Ms Tan conceded as much in acknowledging her lack of professionalism. [58] Ms Ternent’s impartiality as a witness was further brought into question when after she had given evidence, she was (at Ms Tan’s request) permitted to sit beside Ms Tan as a support person. It was evident from their interaction that she and Ms Tan are friends, if not close friends. [59] The Tribunal is mindful the issue for determination is whether, in requesting and obtaining i...

7. EK v J Limited [2023] NZDT 471 (17 August 2023) [pdf, 194 KB]

   ...and build some stairs, to gain access to level 3. 12. Mr J says that the engineer made this decision. The engineer advised that the slope was too steep, was not safe and would result in soil and water erosion. The proposed slope would not be permitted by council, and therefore a retaining wall was necessary. J Ltd built and paid for the retaining wall, and it passed compliance with council. EK was advised about this change by Mr D at several site meetings. Mr D gave evidence that h...

8. [2022] NZEmpC 165 Halse v Employment Relations Authority [pdf, 264 KB]

   ...non-compliance with a direction could, without sufficient cause, lead to obstruction or delay of its investigation.30 (e) The making of a sub judice direction constrained the free speech rights possessed by the defendants, but the Authority was permitted to balance those rights against fair trial considerations.31 (f) The power under s 160(1)(f) of the Act can extend to enable the Authority to act effectively on matters before it, to prevent abuses of its processes, and to uphol...

9. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...NZHC 2685; Keven Investments Limited v Montgomery [2012] NZHC 1596. [30] In these decisions, the High Court has pointed out that cl 6.2(5)(d) leaves vendors liable for building defects where a local authority's process has failed and the permit or code compliance certificate has been wrongly granted, even when that vendor has no knowledge of any defect in the construction of the house. Given concerns about the onerous nature of this warranty, the eight edition (and all subs...

10. Johnson v Stone - Estate of Tamati Johnson (2011) 13 Tairawhiti 251 (13 TRW 251) [pdf, 187 KB]

    ...the length of the relationship between the whāngai and the adopting parent/s, whether there has been an ohaki, the customary values and practices of the iwi or the hapū associated with the land in question and whether those values and practices permit a whāngai 6 At 89. 7 At 89. 8 Kake – Estate of Kiriwai Ihaia (2007) 118 Whangarei MB 256 (118 WH 256). 9 At 259. 10 Hohua – Estate of Tangi Biddle (2001) 10 Waiariki A...