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1. [2025] NZEmpC 240 Gouws v Optimal Fire Ltd [pdf, 172 KB]

   ...after the proceeding was set down unless leave was granted. Mr Swan for Optimal Fire, and Mr Wicks KC for Mr and Mrs Gouws, did not submit that the direction had any different effect. [13] In Elders Pastoral Ltd v Marr, the Court of Appeal dealt with an appeal of a decision to allow an amendment to the pleadings made at a very late stage; after final submissions had been heard and following a very long hearing.4 The Court upheld the trial Judge’s decision to allow the...

2. LCRO 181/2023 HC v QG and VO (28 February 2025) [pdf, 413 KB]

   ...in respect of the first particular of alleged conduct the respondents relied on in giving notice of expulsion2 and ruled in favour of the respondents on the second.3 The outcome was an award affirming the validity of the expulsion. Neither party appealed the award for error of law. [7] The parties had various business entities comprising their overall business relationship as a legal practice. These were: (a) the firm itself, being an ordinary partnership of the three parties; (b)...

3. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...to go to anyone other than the two individuals he considered were his legitimate offspring. [16] The Court, in accordance with the terms of the will, subsequently issued succession orders. I am not aware of any applications for rehearing or appeal or of any proceedings brought to challenge the will of Tino Tangata Charles Durie. So his intentions were fulfilled and his daughter Parehuia Durie and his son Noa Durie were the sole and unchallenged successors to his land. Noa Duri...

4. Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215) [pdf, 293 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows: 26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of prope...

5. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...prima facie infringement is "demonstrably justifiable in a free and democratic society". I conclude that it is. Background to the Bill 3. The Bill is the Government's response to the substantial uncertainties created by the Court of Appeal's decision in Ngati Apa v Attorney General [2003] 3 NZLR 643 (CA). In that case the Court of Appeal held that: 3.1 No legislation could be said to have definitively extinguished a claim that particular iwi might have at common l...

6. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows:26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of property...

7. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   ...can create an artificial distinction. Such a distinction does not accord with the practice of the building industry, the expectations of the community, or the statutory obligations incumbent on all those people. [36] This was confirmed on appeal in the decision of H Williams J in Boyd v McGregor6 where he stated: [28] …[T]he Court‟s view is that labels are arid ground for debate: in issue are the functions assumed by those said to be liable, what legal obligations may...

9. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...or (d) is referred to in any other relevant document and is itself relevant. … [24] The role of pleadings in assessing relevance is important. The leading authority on this topic is Airways Corp of New Zealand Ltd v Postles, a Court of Appeal decision which considered the former reg 48 of the Employment Court Regulations 1991.1 [25] For the purposes of that regulation, the Court of Appeal said: [5] With respect we consider the judge erred in law in drawing for present p...

10. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

    ...site-specific management plans, and other certification required under NZS4404:2010. My experience relevant to this proposal includes: P a g e | 5 a) Provision of planning evidence in support of Waikanae Christian Holiday Park Incorporated appeal on the NOR for the McKays to Peka Peka (“M2PP”) as it related to road traffic noise, groundwater, biodiversity and access matters; and; and b) Preparation of assessment of effects for subdivisions and development including w...