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1. Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2 (103 WAR 2) [pdf, 267 KB]

   ...that the proceedings have tracked. In a technical sense I believe that the doctrine could apply as against Mr Waaka. I do not accept that this is a case where successive applications could be made as was dealt with by the New Zealand Court of Appeal recently. 2 Here the normal rules of estoppel will apply. [13] I prefer however, to deal with the matter on the basis of a series of cases which deal with the situation where parties are linked to the earlier case culminating in the...

2. TTPPR-7 Notice of registration of Australian judgment [pdf, 331 KB]

   ...were given this notice. If you think the registration should be set aside, you should get legal advice as soon as possible. STAY OF ENFORCEMENT If you intend to apply to the [name of Australian court or tribunal] to set aside, vary, or appeal against the judgment, you may apply for an order that enforcement of the registered judgment in New Zealand not be commenced until a specified time or event, or be stayed (put on hold) for a specified period. An application for an or...

3. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

   ...2020 at [34). Affidavit of G O'Reilly dated 14 August 2020 at [32). 4 a vehicle. Mr O'Reilly referred me to a decision Fadi Antoun v Hutt City Counci/12 which considered the question of what comprises a building and a tiny house in an appeal against an abatement notice proceeding. Relying on that decision, Mr O'Reilly says the new construction is fixed to the existing shed by flashings and corrugated iron and is on piles.13 [1 O] In conclusion, Mr O'Reilly s...

4. 2022-03-18 Willowridge & Remarkables Park - Synopsis of Opening Submissions [pdf, 269 KB]

   ...development or protection of land for the purposes of soil conservation, the maintenance and enhancement of the quality of water in water bodies, and the maintenance of the quantity of water in water bodies. [31] This finding was confirmed on appeal in Canterbury Regional Council v Banks Peninsula District Council CA 99/95, 4 July 1995 when the Court of Appeal made declarations that: A regional council may, to the extent allowed under section 68 of the Resource Management Act, i...

5. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...to award compensation. No compensation order is made in respect of this item. Suppression [23] Our decision and interim order of December 2022 suspending Ms Holdaway from practise were suppressed to protect her reputation pending any possible appeal. That was extended through to 23 March 2023 for pragmatic reasons. That suppression order is to be discharged. [24] At the hearing on 23 March, Ms Holdaway advanced another application for name suppression. Open justice requires p...

6. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...conferencing is not to be seen as an immediate step following the Council process. In other words, the matter doesn’t ‘go away’ while parties wait for the Court to set a timetable, rather the impetus is continued directly following the lodging of appeals and remaining parties joining the case. This can contribute powerfully to shortening of case disposal times. It also acts to concentrate the minds of parties on what the key issues are in the case, and focus on likely outcomes and...

7. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...and Maritime Union of New Zealand Inc v TLNZ Ltd. 7 In Postal Workers Union of Aotearoa v New Zealand Post Ltd, 8 I expressed a preference for approaching the issue of costs in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to have regard to factors such as the benefit both parties will obtain from the proceedings and the nature of the claim, in assessing the extent to which the starting point of 66 percent of the actual and reas...

8. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...of the cases noted above is at the extreme end of the range for volume of paper, numbers of parties, and complexity and number of issues. The second case is quite typical of the work of the Environment Court of New Zealand processing and hearing appeals from decisions of councils, and sometimes on direct referral of cases where the Court becomes the first instance hearing body. The consequences are clear for all to see – vast quantities of paper, huge costs in copying, sending...

9. Wikatene - Tauranga Taupo 1B 2B No 2 (2017) 376 Aotea MB 81 (376 AOT 81) [pdf, 290 KB]

   ...enforce the obligations of his or her trust (whether by way of injunction or otherwise). 376 Aotea MB 84 [16] The obligations of trustees are well settled and need not be repeated here. The relevant legal principles were set out by the Court of Appeal in Rameka v Hall.4 I adopt those principles. Discussion [17] The last review of this trust was conducted in 2015 upon application by Mr Wikatene. During the proceedings, a special general hui was held on 2 May 2015. At that...

10. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

    ...a very good source of informed opinion on the relative merits of prospective candidates. They will, therefore, be prominent among those consulted. The list of parties who may be contacted includes the Chief Justice, the President of the Court of Appeal, the President of the New Zealand Law Society, Solicitor-General and other organisations or groups representative of lawyers who the Attorney-General believes can contribute names of suitable persons. Such groups may include the New Zealan...