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1. E89 Grant Calder - Event Management - RE – Applicant [pdf, 3.9 MB]

   31074303_3.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDE...

2. Webster - Komakorau Parish of 146B1A (Hukanui Marae) (2012) 42 Waikato Maniapoto MB 83 (42 WMN 83) [pdf, 146 KB]

   ...notice to all parties who had an interest in the issue to be discussed by the meeting; d) NZTA is to sign an agreement with Te Kauhanganui Incorporated (“TKI”) in respect of NZTA’s statutory obligations of consultation, pursuant to the Resource Management Act 1991 and the Land Transport Management Act 2003 relating to the Waikato Expressway which is to be built by NZTA. [2] The applicant also alleged that the rules of natural justice were breached because, amongst other th...

3. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...Trust. Previous editions of Best of the Best were published by Worldwide Annuals Limited. Mr Taylor was responsible for sales and marketing for Worldwide Publishers Limited. Mrs Taylor dealt with administration, day to day finances and human resource issues. She described it as a very small family business. [13] It is not disputed that Mr von Tunzelman was employed to work on Best of the Best. However to determine the identity of Mr von Tunzelman’s employer it is necessary to...

4. [2010] NZEmpC 36 T & L Harvey Ltd v Duncan [pdf, 49 KB]

   ...competent representation of their choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage two representatives or to otherwise devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, he or she cannot expect to recover from an unsuccessful opponent any contribution to the extra cost incurred.

5. Parker - Pt Waipahihi 2B2B Roadline (2012) 52 Waiariki MB 295 (52 WAR 295) [pdf, 120 KB]

   ...part of the roadway. Thus, I may deal with the roadway in more than one part, effectively subdividing it. I confirm my earlier view 5 that I can subdivide the roadway as part of my powers of cancellation without the need to have regard to the Resource Management Act 1991 (“1991 Act”). The power of subdivision is inherent in s 323(1) and, as per s 11(2) of the 1991 Act, the restrictions on subdivision contained in that Act do not apply to Māori land unless it is provided for...

6. [2022] NZACC 66 – Sankaran v ACC (27 April 2022) [pdf, 198 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself,...

7. Jessup v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 70 [pdf, 252 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] 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. Application for Leave to Appeal [12] Mr Jessup did not pose questions of law. He advance...

8. BO & CO v MI [2022] NZDT 1 (14 February 2022) [pdf, 167 KB]

   ...boundary and retaining animals, such as chickens, goats and other stock. A rural fence does not seek to achieve security, privacy and the ability to contain young children and larger dogs, in the way that suburban closed boarded fences might. The resource consent for the subdivision was granted on the condition that fencing be in keeping with rural fencing types and should not be closed boarded or of solid construction. Whilst there is no requirement binding the current owners to this c...

9. Canterbury Earthquakes Insurance Tribunal - Further Decisions [pdf, 536 KB]

   ...action4 currently before the High Court. Class actions are relatively new in New Zealand. Although they can support judicial efficiency and access to justice (e.g. by allowing costs to be shared), they require a significant amount of time and resource. Further, the nature of insurance contracts means that, even if a shared issue is determined, individual cases still need to be settled separately in respect of the specific damaged property. We consider there is a risk that th...

10. 2017 NZSSAA 034 (4 July 2017) [pdf, 115 KB]

    ...70(1)(b) of the Act for the Ministry to deduct any overseas payments that fall within the criteria of that section is consistent with the purpose of the Act, which is to provide financial support to people, taking into account that they use the resources available to them before seeking the financial support available under the Act.5 5 Social Security Act 1964 Section 1A(c). 7 [25] The appellants do not dispute that the Canada O...