Search Results

1. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...dismissed. Reasons 1. UC and FL own [Address 1]. GM owns [Address 2]. 2. On or about 12 February 2019 the parties entered into an agreement (the agreement) whereby in exchange for UC and FL giving their written approval as affected persons to a Resource Consent application (for a recession plane), GM agreed to a boundary realignment giving them approximately 32m2 of his land. 3. Clause 3.2 of the agreement stated that if UC and FL did not receive notice that search copies o...

2. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

3. Waikato Bay of Plenty Standards Committee 1 v Campion [2017] NZLCDT 31 [pdf, 143 KB]

   ...August 2016 the lawyer made a complaint to the Law Society and on the same day Mr Campion repaid a further $3,890. 3 [6] The balance of $2,171.57 is still outstanding. Mr Campion says that the two payments entirely depleted his capital resources and described to the Tribunal (although not having made it apparent to either his colleague or the Law Society, or the client) that in early 2015 he had had major surgery and had required many weeks, both in hospital and convales...

4. Mihaka v Wihapi - Paengaroa North B No 10A (1993) 8 Waiariki Appellate MB 150A (8 AP 150A) [pdf, 143 KB]

   ...proceedmgs and his mterests arose out of the interest of the other beneficial owners. 3 There has been a history of difficulty m this block and the question of calling a meeting of owners was a high priority. 4 The applIcant was of limited means and resources personally. He is apparently unemployed and would be unable to meet any substantial award of cost which would cause hardship to him. 5 Counsel emphasised the costs should not be used as a pUnishment agamst an unsuccessful p...

5. [2020] NZREADT 13 - Beatson - Ruling on costs (1 May 2020) [pdf, 97 KB]

   ...expediency and efficiency. Any shortcomings that the approach suffers from through lack of true applicability to the individual cases before, is made up for by a system which resolves cost disputes promptly and with the expenditure of a minimum of resources. It is part of a wider system of cost fixing that it was decided was appropriate in the High Court regime and does not necessarily provide wider guidance to other Tribunals which are, of course, not operating in that environment...

6. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act.2 18. Clause 104 provides no enforcement order may be made by the Environment Court requiring the trustee to act under section 314(1)(da) of the Resource Management Act 1991 to avoid, remedy, or mitigate any actual or likely adverse effect on the environment relating to 1 or more of the maunga vested in the trustee under this or 1 or more of the Rangitoto Island properties. This restric...

7. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...September 2018, which gives the following advice: (a) The land is situated within the Whangarei District Council Rural Countryside Environmental zone; (b) The land falls under the Papakainga Housing provisions of the District Plan. Therefore resource consent approval is not required. The proposal must be of a communal nature so the provisions relating to papakainga development can apply. (c) Future build development will require a Papakainga Development Plan, prior to building...

8. [2020] NZEnvC 008 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 259 KB]

   !BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND AND BETWEEN AND Court: Environment Court Judge: Judge J A Smith Decision No. [2020] NZEnvC OO'G of the Resource Management Act 1991 of an Application for Waiver pursuant to section 27 4 of the Act Topics 11 & 14 of the Northland Regional Council Appeals BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND...

9. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...Walker [1963J NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995J ALLER 48,57. [25J Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above." Appeal Authority's decision [5] Corporation...

10. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [pdf, 180 KB]

    ...“lacks integrity” and is so financially hamstrung it can’t investigate fraud and exploitation cases, … [Mr A], I would like to point out that if IM’s such as [Ms R] are now engaging in practices which compels the placement of system resources (yourself, myself, the clients and the CFT process) as opposed to open discussion and addressing the points asked of [Ms R] (which she invited be asked if I had further queries) I fear that this compounds the concerns of the minister as...