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1. [2021] NZEnvC 072 Moreton v Gisborne District Council [pdf, 922 KB]

   ...find in his favour on the basis that the public interest is better served and because the Council is better resomced to chance its arm in another jurisdiction should it so wish. [33] Mr Moreton noted that the application for a dredging and dumping permit is still "frozen" pursuant to s 91A. Mr Moreton submitted that given no undue prejudice to anyone is present other than those raised by Eastland Port Limited, the Court is now able to grant a waiver and issue directions as...

2. LH & TH v D Inc [2023] NZDT 608 (31 October 2023) [pdf, 249 KB]

   ...instead of a 5 minute drop off it was almost an hour. When asked if they could come again later that day with another load she reminded them their booking started mid-afternoon the next day. 16. TH says ND could have told them that it was not permitted to drop off the goods on Thursday, or told them they could not unload that quantity of goods at that time. He says she did not raise any issue at the time and showed them where the fridges were and let them store drinks and ice....

3. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEIT-0037-2019 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN C F D, R D G AND D R S (AS TRUSTEES OF THE D G FAMILY TRUST Applicants AND IAG NEW ZEALAND LIMITED First Respondent AND MAX CONTRACTS LIMITED Second Respondent AND MAX EQ LIMITED Third Respondent AND ORANGE H MANAGEMENT LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) Fourt

4. [2023] NZIACDT 10 - NG v Murthy (15 March 2023) [pdf, 217 KB]

   ...enclosed with her letter. Immigration NZ refused the request on 5 November 2021. [7] On 24 December 2021, Ms Murthy lodged a second s 61 request. It was refused by Immigration NZ on 4 February 2022. 1 Section 61 of the Immigration Act 2009 permits the Minister of Immigration to grant a discretionary visa to those unlawfully in the country. 3 [8] There was a meeting between Ms Murthy and the complainant on 8 April 2022. The complainant terminated her services and requ...

5. [2009] NZEmpC WC 23/09 Sandilands v CE of the Department of Corrections [pdf, 32 KB]

   ...the most significant factor is that the proposed challenge has little if any chance of success. While none of the other factors mitigate strongly against granting the extension of time sought, in my view it is not in the interests of justice to permit a party to prolong litigation without a real prospect of success. The application for extension of time is refused. Comment [29] In this judgment, I have referred consistently to actions taken on behalf of Ms Sandilands by counsel...

6. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...discovered documents ... (3) It follows from the first two principles that a party may not seek discovery of a document in order to find out whether the document may be relevant. A general trawl through the other party’s documentation is not permitted under the rules. (4) The Court is entitled to take into account the extent to which discovery of documents might become oppressive, and should be astute to ensure that the procedure of discovery is not used as a tactic in th...

7. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...proposed change, a submission seeking a new or different management regime for that resource is unlikely to be "on" the proposed change.10 13 If the effect of regarding a submission as being "on" a proposed change would be to permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, that will be a "powerful consideration" against finding that the submission was truly "on"...

8. Neho - Muriwhenua Incorporation (2014) 84 Taitokerau MB 189 (84 TTK 189) [pdf, 104 KB]

   ...at the Committee’s 17 December 2013 meeting it resolved that they continue in Mr Neho and Mr Petricevich’s position. At the hearing before me the members of the Committee could not point to any provision in the Act or the Regulations which permitted Mr Subritzky and Mr Everitt to be seconded in this manner. [6] The minutes of the Committee’s meeting of 17 December 2013 suggest that the reason for this secondment was their concern that it would be difficult for four new memb...

9. Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust - Okahukura 8M2C2C2B Trust (2015) 337 Aotea MB 101 (337 AOT 101) [pdf, 188 KB]

   ...honestly or dishonestly, it will still amount to a breach: Rochefoucauld v Boustead. 15 It will also be a breach even where the profit is made by a third party, including children of the trustee: Willis v Barron. 16 As a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps. 17 Where trustees profit from that role they must then account to the trust for the unauthorised retention of trust c...

10. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

    ...practice across the broad spectrum of the circumstances covered by HRA, s 107, not just applications for final, permanent suppression of information. [90] In our view not all of the many circumstances which might conceivably fit the exceptions permitted by HRA, s 107(3) will have the same significance to the general rule of open justice. Some circumstances will impact on open justice to a greater degree than others. As a consequence the degree of persuasion to satisfy the desirabilit...