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1. Rogers v CAC 10028 & McGillen [2011] NZREADT 14 [pdf, 86 KB]

   ...Birchwood Manor. They asked if the second respondents were aware of their intention to develop residential units across the road and Mr McGillen advised them that they were not so aware. The visitors advised Mr McGillen that the vendors had signed the resource consent and left documents about the development for the McGillens to read. [13] The second respondents looked at these documents and discovered that a high density development of which they had no knowledge was to be developed...

2. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...accept, based on the material filed by the plaintiff, that if an order for security for costs is made it will present additional difficulties for her in pursuing her claim against the defendant. I also accept that the defendant, with significant resources available to it, is in a position of some strength. However, the plaintiff’s interest in pursuing her claim must be balanced against other factors, including the defendant’s interest in not being drawn into unnecessarily comp...

3. [2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd [pdf, 295 KB]

   ...by deliberately misleading and disadvantaging an employee of Inframax to conceal evidence of misconduct and putting the Inframax board at risk. Ms Greenwood alleged that she had provided clear evidence that Ms Gribben and Inframax’s human resources contractor had committed serious misconduct and stated: I can only presume the appropriate response was delayed to ensure you did not raise any concerns with Waitomo District Council, prior to any decision being made on the bid for...

4. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...intermeddling and exclusivity clauses contain a penalty component because the payment of the full year’s fees, without reduction, is not a genuine pre- estimate of loss because it does not factor in the savings to N Ltd of not having to expend time and resources in the performance of the contract. 21. NN pointed to various other Disputes Tribunal decisions as well as a District Court decision that he says uphold N Ltd’s right to charge the full commission for the year upon cancellati...

5. [2024] NZEnvC 263 North Canterbury Fish & Game Council v Canterbury Regional Council [pdf, 300 KB]

   FISH AND GAME & EDS v CRC & THE MINISTER FOR THE ENVIRONMENT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 263 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN NORTH CANTERBURY FISH AND GAME COUNCIL AND THE ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2023-CHC-138) Applicants AND CANTERBURY REGIONAL COUNCIL AND THE MINISTER FOR T...

6. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...action of someone receiving confirmation of a booking that they have solicited, if they did not want that booking, is to contact the other party to advise them of that. By not doing that NG had permitted U Ltd to rely on his silence and allocate its resource to his job. While NG may not have read that email/not read it properly, U Ltd could reasonably have assumed that he had done so. c. I find that the terms were sufficiently certain. This is for the following reasons: i. I have...

7. Clay v Accident Compensation Corporation (Leave to Appeal to the High Court) [2024] NZACC 180 (13 November 2024) [pdf, 214 KB]

   ...true and only reasonable conclusion on the evidence contradicts the decision. (f) Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave 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. The Applicant’s submissions [22] Mr Clay reiterated his submissions at appeal and fur...

8. KH v KN [2022] NZDT 241 (29 November 2022) [pdf, 266 KB]

   ...also say the dwelling leaked after they took possession and the leak had to be fixed. They say this is covered by clause 9.3(5) which says; Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent, or building consent required by law was obtained… 25. However, there is no evidence the repair the respondent had carried out required a permit or consent and the respondent says the damaged roof she had repaired was on th...

9. Paraone-Kawiti v Maori Trustee - Pukahakaha East 5B [2013] Chief Judge's MB 354 (2013 CJ 354) [pdf, 203 KB]

   ...a person beneficially entitled to the property of this trust; (iii) The application made by the applicant is of benefit to other persons beneficially entitled under this Trust; 2013 Chief Judge's MB 360 (iv) The Trust has sufficient resources to do so; (v) The Court has done so in this matter before;4 (vi) Notwithstanding that the Chief Judge has already directed that such applications are made to the Milori Land Court, this proceeding has by adjournment been further de...

10. Intelligence and Security Act 2017 Review Engagement report [pdf, 323 KB]

    ...reliance on an online and digital engagement approach constrained public engagement. However, face-to-face meetings, hui and administering the survey in-person proved to be effective for public engagement. Content and methodology 9. Engagement resources covered high-level information about the Act and the review. The engagement sought public feedback on the three key areas listed in paragraph 6. 10. The engagement information was incorporated into the following materials: • w...