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1. [2024] NZLVT 018 - Marsden City Ltd Partnership v Whangarei District Council (10 April 2024) [pdf, 291 KB]

   ...units and the value is finalised at $32,262,000. This case compares with those where the question of the future potential of subdivision was being debated. Here there is no question that such potential existed. The site was already zoned, resource consents issued, and infrastructure fully implemented except for the problems which had occurred with the piping. As we understand it, those issues have been addressed by the Council who had the infrastructure vested in them. The...

2. LCRO 145/2019 TS v NU and VL (21 January 2020) [pdf, 128 KB]

   ...TS had provided Ms NU with firm instructions to proceed with an appeal. In her correspondence to the Complaints Service of 16 January 2019, Ms TS noted that her trial had been so traumatising, that she did not consider she had the strength or resources to go through another trial. [56] An applicant on review who is disappointed with a Committee’s decision must, on review, establish that it is more probable than not that despite what the Committee 10 found, there is evidence o...

3. [2023] NZEnvC 189 Feeley v Queenstown Lakes District Council [pdf, 660 KB]

   FEELEY & ORS v QLDC – TOPIC 31 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 189 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN A FEELEY, E BORRIE & LP TRUSTEES LIMITED (ENV-2019-CHC-21) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Co...

4. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) [pdf, 238 KB]

   ...belong to Rua Roa or TFP may be moot. [11] In conclusion, counsel requests that the Court make a decision on the papers as to amending the sealed order for the purposes of s 86 so that the parties and the Court need expend no further time and resources on the issue. Rua Roa’s submissions [12] Mr Koning submits that the Rua Roa trust order should not be amended as proposed in the order and minute issued by the Case Manager on 8 March 2016. While there is no objection to amendin...

5. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...be submitted to the High Court, by reason of its general or public importance or for any other reason. Questions of fact could meet this criterion. [26] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course. It is for the applicant to show that the interests of justice require that leave be given (Kenyon v Accident Compensation Corporation [2002] NZAR 385 (HC) at [15], O’...

6. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...health issues, and difficulties he 9 had in making arrangements to file an application as a consequence of concerns that his health would be compromised if put at risk of exposure to COVID-19. I think it unlikely that Mr FT, equipped with the resources available to a lawyer, would have had difficulty filing a review application in time, if he had motivation to do so. [56] If Mr SV had not filed an application, Mr FT would have lost any opportunity to challenge the Committee�€...

7. [2021] NZACC 93 - Estate of Bryant v ACC (30 June 2021) [pdf, 338 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 the treatment did not achieve a desired result does not, of itse...

8. [2011] NZEmpC 151 Penney v Fonterra Co-operative Group Ltd [pdf, 94 KB]

   ...judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for that delay is the Christchurch earthquakes, which have impacted heavily on the Court‟s resources and my availability to devote the necessary time to completing judgments in other matters heard before this case. Costs [51] Fonterra has been put to significant cost in resisting Ms Penney‟s challenge. It has been entirely succe...

9. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...fraud is peculiarly reliant on a flow of information from the public. A government department 8 is singularly ill-equipped to carry out the observations which frequently bring such offending to light. It is not just a matter of insufficient resources, though that too must play a part. It is the nature of the activities which tend to reveal benefit abuses. They would often escape detection if it were not for the intervention of members of the public. [20] In my view, the responde...

10. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

    ...6 Section 228. 7 Section 235C. 8 Employment Relations Amendment Bill (No 2) 2010 (192-1) at 10. inefficiency in the current system and supports greater responsiveness to businesses and a more flexible and efficient use of inspection resources. The changes made by the Bill are intended to strengthen and improve overall compliance and fairness for both employers and employees. These changes will widen the role of Labour Inspectors from a narrow complaints focus to enable...