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1. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

   ...and asbestos removal are not properly claimable. (h) If an award of costs is to be made, counsel invites the Court to make 466 Aotea MB 124 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). tā te Kōti e tuku ai i runga anō i te tika me te pono. Ko tā te ture [7] Ko tā tekihana 79 o te Ture Whenua Māori 1993 (“Te Ture”) he tohu i te Kōti ki ngā mana e taea ai te tākoha atu ngā utu. [8] Ko ng�...

2. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A...

3. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 84 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule of the Act in relation to the Proposed Invercargill District Plan DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-CHC-91 ) POWERNET LIMITED (ENV-2016-CHC-92) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND (ENV-2016-CHC-99) TRANS POWER NZ LIMITED (...

4. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...as a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [22] In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court’s powers under s 238 of the Act: 15 …Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Mäori Land Court by s 237, the Mäori Land Court has wide supervisory...

5. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...scope of review [57] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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 tha...

6. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...Defendant Judgment: 9 April 2009 JUDGMENT OF JUDGE B S TRAVIS [1] Almost 4 years since his dismissal, and after a full Court decision allowing him to call evidence of being dismissed in the course of a mediation1, and a successful appeal to the Court of Appeal by the defendant preventing that evidence from being led2, the plaintiff’s personal grievances have finally been heard on the merits. The plaintiff’s grievances were removed for hearing to the Employment Cou...

7. Baker - Te Tii (Waitangi) B3 Trust (2011) 19 Taitokerau MB 116 (19 TTK 116) [pdf, 9 MB]

   ...opportunity to discuss and consider it; and (b) that there is a sufficient degree of support for the variation among the beneficiaries. 19 Taitokerau MB 118 [9] In Proprietors of Mangakino Township v Māori Land Court 1 the Court of Appeal commented on this Court’s extensive powers to review a trust: [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our vie...

8. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...theft, it is a lesser offence, but it is not trivial, especially in the context of conduct expected from a lawyer. Judge Collins, in sentencing her, described her offending as “if not the most serious of its type, very close to that.”14 On appeal, Venning J said: “I conclude that the Judge was right to find that Ms [Reid’s] offending was serious offending of its type so that, even taking into account the mitigating factors referred to, the gravity of the offending in this case...

9. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 tha...

10. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

    ...[56] She said that the applicable right was found in s 11, which confirms that everyone has the right to refuse to undergo any medical treatment. [57] There are of course many cases where a rights-based analysis is necessary, but, as the Court of Appeal made clear in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, a s 6 analysis only applies where on one interpretation of a provision, there is an inconsistency with a protected right or freedom.15...