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1. Body Corporate 206697 & Unit Owners of Eden 2 v QBE Insurance (International) Limited [2012] NZWHT Auckland 44 [pdf, 118 KB]

   ...High Court scale. [19] In the circumstances of this case, therefore, I consider that a contribution towards the actual costs should be awarded. I do not however consider that there are grounds for ordering indemnity costs. The Court of Appeal in Bradbury v Westpac Banking Corporation10 recognised the categories in respect of which the discretion may be exercised was not closed, but note the following circumstances in which indemnity costs have been ordered:...

2. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

   ...recorded video, even after the guidance in the Solicitor-General’s Prosecution Guidelines was strengthened in 2013. Limited Ministry of Justice data also suggest that alternative modes of evidence are currently underutilised. A 2011 Court of Appeal decision limited the use of pre-recorded cross-examination to rare and compelling cases, in order to:26 25 Criminal Procedure Act, section 97. 26 M v R [2011] NZCA 303. Impa...

3. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...any such order. [62] The Court may, in any proceedings, make non-publication orders. The scope of the Court’s discretionary powers has been traversed by a full Court in H v A. 6 I delivered a minority judgment in that case. The Court of Appeal subsequently declined leave to appeal on the non-publication point, following an application of the majority’s judgment in the decision to make permanent non-publication orders in the case. 7 The Court of Appeal observed that the...

4. Pocock - Allotment 246D1 Waimana Parish (2020) 231 Waiariki MB 273 (231 WAR 273) [pdf, 228 KB]

   ...However, there is consolation in the fact that the land does remain Māori freehold land and will, if put up for sale again, be offered back to the whānau. 8 Karena v Whitefield – Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170). 231 Waiariki MB 279 [27] Given the findings above, the Court makes the following order: (i) pursuant to ss 151,152 and 155(1)(a) of Te Ture Whenua Māori Act 1993, the Court confirms the instrument of alienation...

5. Environment Court COVID-19 Protocol [pdf, 180 KB]

   ...Parties and representatives are expected to assist the Court by: 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to...

6. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   ...misstatement has always been whether the defendant assumed responsibility for his or her words and whether the other party relied on the statement (see Attorney-General v Carter)6. In Rolls-Royce New Zealand Ltd v Carter Holt Harvey Ltd,7 the Court of Appeal held that the conventional two stage test of negligence is to be applied in every case. In the case of negligent misstatement the proximity inquiry (i.e. the first step) will generally focus on the “interdependent concepts...

7. LCRO 4/2021 RQ v WJ (9 February 2022) [pdf, 161 KB]

   ...Service [16] The role of this Office is to carry out a review of Standards Committee determinations. [17] The High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

8. 2022-03-18 ORC - Opening Submissions [pdf, 373 KB]

   ...purpose of—: (i) Soil conservation: (ii) The maintenance and enhancement of the quality of water in water bodies and coastal water: 30 The leading case on the overlap of controls between regional councils and district councils is the Court of Appeal decision in Canterbury Regional Council v Banks Peninsula District Council.8 31 This case was a declaratory proceeding concerning whether the control of land for the avoidance or mitigation of natural hazards is within the power...

9. Solomon - Manukau Lands Trust (2018) 51 Te Waipounamu MB 40 (51 TWP 40) [pdf, 204 KB]

   ...The Court has power to add, reduce, or replace trustees per s 239 of Te Ture Whenua Māori Act 1993. Section 222(2) of the Act sets out the relevant factors when appointing trustees. [10] I adopt the principles which were set out by the Court of Appeal in Clarke v Karaitiana:2 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, the Co...

10. Director of Proceedings v Crampton (Costs) [2015] NZHRRT 39 [pdf, 51 KB]

    ...Police (Costs) [2013] NZHRRT 31. 5 [12.4] On the other hand, understanding and compassion are equally important. See Meek v Ministry of Social Development [2013] NZHRRT 28 and Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 upheld on appeal in Commissioner of Police v Andrews [2015] NZHC 745 at [65], [68] and [73] to [74]. Discussion [13] Were Mr Crampton and his wife in better health the Director’s application for costs would have been hard to resist. There is no...