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1. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...trustees resolved that the $1,000,000 Railway settlement fund be retained by the Whānau Trust as the interest accrued from the fund covers the cost of keeping the Farm Trust from insolvency; b) On behalf of the Whānau Trust, she requested that it be permitted to retain the Railway settlement fund of $1,000,000 with the interest used to cover the ongoing costs, in particular, of the Farm Trust. [59] It is regrettable that neither Mrs Gordon nor any of the other trustees appeared...

2. LCRO 12/2025 AO v FA and CY (28 February 2025) [pdf, 227 KB]

   ...attachment or electronic link to a file stored elsewhere, and to ensure that the online form was completed and the filing fee paid by 5 pm. [89] Ms AO could easily have done so before 5 pm. In fact, she easily did so at 5.13 pm. [90] In my view permitting a review application to proceed when submitted after the 5 pm deadline in circumstances such as these would create a precedent for accepting late applications due to applicant errors in the lodgement process. Conclusion [91] Unde...

3. [2024] NZEmpC 251 The Chief of New Zealand Defence Force v NZ PSA Te Pūkenga Here Tikanga Mahi [pdf, 263 KB]

   ...July 2021 for non-union employees. In those circumstances, we consider that, while the NZPSA members received their pay rises after the non-union employees, that was part of the different deal negotiated between NZPSA and CDF in 2020, and was permitted by s 9(2). We find there was no breach of s 9. Was there a breach of good faith under s59B? [48] We now turn to whether, in fixing the 2021 increases for non-union staff, CDF passed on a term or conditions that had been a...

4. NH v Accident Compensation Corporation (Deemed Cover) [2025] NZACC 11 (27 January 2025) [pdf, 274 KB]

   ...was fully argued, I go on to consider deemed cover. Deemed cover [48] It is undisputed that the appellant has already been granted cover for personal injury in the form of PTSD caused by sexual abuse. [49] The Courts have been reluctant to permit appellants to advance collateral claims for cover in respect of already covered injuries. For example, in Regler v Accident Compensation Corporation, the Court carefully traversed several authorities that dismissed such claims on 18...

5. [2024] NZEnvC 127 100WPS Trustee Limited v Queenstown Lakes District Council [pdf, 18 MB]

   ...irrigated during dry spells as required to maintain healthy plant growth. 10. All indigenous vegetation, as shown on the certified Detailed Planting Plans shall be protected, and shall not be removed, damaged or altered in any manner, except as permitted within the defined ‘view corridors’ for the amenity building as shown on the certified Detailed Planting and Landscape Plans. 11. All areas of planting, shall achieve and be maintained as a closed canopy and shall not be...

6. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...considered that the wrong process was being used, Mr Rodkiss would have signed the document and co-operated fully in its implementation. [106] The question which arises is why was the relationship between these two senior managers in the company permitted to deteriorate in such an unseemly way? As noted above, at the meeting on 22 February 2013, Mr Walker told Mr Rodkiss that Mr Slade did not like any of the CHH Woodproducts engineering managers. Mr Slade was the CHH Group Genera...

7. 20231124-Courts-BIM_Redacted_FINAL.pdf [pdf, 1.1 MB]

   ...Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. The consents applied for may be for land use, a subdivision, coastal permit, water permit, discharge permit or a combination of these. In the year ending June 2023, the Environment Court disposed of 407 cases. This was an increase of 106 compared to the year ending June 2022. Māori Land Court The Māori L...

8. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

   ...Apparel Ltd v Thornton Hall Manufacturing Ltd [1989] 3 NZLR 304 (CA) at 309. [13] Similarly in Whakatane District Council v Bay of Plenty Regional Council, Duffy J stated: 3 It is clear from these cases that an application for leave to permit late amendments to a pleading requires the Courts to conduct a balancing exercise between the general concern the parties to litigation comply properly with procedural requirements and the particular interest in each case of ensuri...

9. Huata v Robin - Rotopounamu 1B1A (2017) 60 Takitimu MB 7 (60 TKT 7) [pdf, 339 KB]

   ...30 Ibid 31 (2009) 16 Whanganui Appellate MB 88 60 Tākitimu MB 29 the Marae and access along Cooks Road for that purpose is reasonable. Counsel sought to argue that the development is irrelevant as it is not an existing use nor is it a permitted activity for the purposes of the RMA. [86] In addition, Ms Bennett further submits that the trustees acquired Rotopounamu 1B1A with knowledge that access was an issue, as previous beneficiaries had encountered similar problems when...

10. Restorative Justice Victim Satisfaction Survey Report 2018 [pdf, 1.4 MB]

    ...reparation to me/my family 7% Wanted to have my questions about the offence answered 7% Base: n= 357 (all respondents excluding those who did not answer the question). Table lists respondents given by 7% or more of respondents. Multiple responses permitted therefore percentages may total more than 100%. Analysis by case type shows that victims in family violence cases were significantly more likely to hope that the meeting would bring closure (48%, compared with 27% of victims in...