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1. [2022] NZEnvC 019 Minister of Conservation v Wellington Regional Council [pdf, 2.4 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 19 IN THE MATTER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) MASTERTON DISTRICT COUNCIL (ENV-2019-WLG-000110) CARTERTON DISTRICT COUNCIL (ENV-2019-WLG-000112) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON WATER LTD (ENV-2019-WLG-000123) RANGITANE TU NIAI RA T...

2. CAC 10044 v He [2011] NZREADT 9 [pdf, 90 KB]

   ...to take effect one month from the date of issue of this decision. 3 HC Auckland, CIV 2007-404-1818, 13 August 2007 6 [25] In accordance with s 113 of the Act the Tribunal records the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 27 th day of May 2011 ______________________________ Judge Michael Hobbs Chairman ______________________________ Mr...

3. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...and stated that if the trustees had carried out their duties correctly then he would not have made the application. 35. The general rule is that the costs follow the event unless exceptional circumstances exist to depart from this rule. (see Appeal by DTS Riddiford at MS 13 ACTK 184) 36. This case has no exceptional circumstances which require me to depart from this rule. The applicant has been unsuccessful and has by his litigation cost the trust and the beneficial owners consi...

4. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...proceedings, I am not satisfied that there is such a strong case for security that causes this case to be an exception to the Court’s longstanding reluctance to make such orders, other than in truly exceptional cases. Further, as the Court of Appeal noted in AS McLauchlan Ltd v MEL Network Ltd, 7 the Court should also be shown that the claim has little chance of success. That has not been established, at least to this point, by the defendant. [18] Finally in this analysis, the...

5. Bloor - Runanga 2E Block (2017) 162 Waiariki MB 203 (162 WAR 203) [pdf, 205 KB]

   ...actions of the trustees, including their repeated applications to vary the trust order. The Court underscored the importance of adherence to the provisions of s 244 of the Act: 5 [65] In The Trustees of Pukeroa Oruawhata v Mitchell the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...

6. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

   ...directors’ and others’ liability in circumstances where a company is unable to rectify a breach. [33] That the regime created by the 2016 Amendment was more wide-ranging than had previously existed under the then s 234 was recognised by the Court of Appeal in Brill v Labour Inspector.13 The object of Part 9A was also recognised in this Court, saying it was to provide additional measures to promote the more effective enforcement of employment standards, especially minimum entit...

7. WXY v Attorney-General (Strike-Out Application) [2014] NZHRRT 37 [pdf, 59 KB]

   ...NZLR 456 parents of adult disabled children challenged a Ministry of Health policy of excluding family members from payment for various disability support services provided by them to their children. In a decision given on 14 May 2012 the Court of Appeal held that the policy was discriminatory on the ground of family status because parents willing to provide natural disability support for their children were materially disadvantaged because they did not receive payment. [12] The respon...

8. [2022] NZEmpC 199 Urban Décor Ltd v Yu [pdf, 202 KB]

   ...not provided any evidence of their actual costs. In their submissions, they state: “We certify that Urban Decor’s actual costs in both the ERA and this Court exceeds the costs claimed for these respective proceedings.” [25] The Court of Appeal held in Binnie v Pacific Health Ltd that the first step in deciding costs is to assess whether the costs actually incurred by the plaintiff were reasonably incurred.13 I noted recently in New Zealand Post Primary Teachers’ Associa...

9. The Crown - Hereheretau B2M (2008) 124 Wairoa MB 119 (124 WR 119) [pdf, 197 KB]

   ...Huka tfie remail1ing . portion of my share in Hereheretau Number 2 Beach Reserve also the whole of my share in Hereheretau Number 2 B6 - the place of my residence - ALL my share in Hereheretau Number 2 Block (the Hereheretau Block at present under appeal and not subdivided) ALL my share in the Ngamotu Block ALSO all or any unascertained or undefined interests in any other lands whatsoever I ALSO give to Materoa Huka all my personal property and effects whatsoever kind including " [...

10. Abernethy v Coughlan [pdf, 29 KB]

    SUMMARY Case: Abernethy & Anor v Coughlan & Ors File No: TRI 2009-100-000022/ DBH 01666 Court: WHT Adjudicator: RM Carter Date of Decision: 26 August 2009 Background The claimants, Mr and Mrs Abernethy, own a townhouse that was built in 1994 and they purchased it in 2003. The house is suffering damage from leaks and needs to be reclad. The claimants therefore sought $334,846.10 from all respondents. Summary of Facts Mr Coughlan, Mr Humphrey and 2 other people,