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1. [2019] NZEnvC 089 Schwartfeger v Northland Regional Council [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC O?!J<j of applications for declarations of s310 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act J K & H E SCHWARTFEGER (ENV-2018-AKL-000390) Applicants NORTHLAND REGIONAL COUNCIL Respondent Hearing: Whangarei on 8 April 2019 Before: Judge J A Smith (presiding) Commissioners I Buchanan and R M Bartle...

2. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

   ...not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. 385 Aotea MB 24 [22] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.3 The Court of Appeal has confirmed that 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, t...

3. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...matter. If it is 4 See Bidois v Clarke – Tokata A14 (2013) 31 Tairawhiti MB 95 (31 TRW 95) at [19]; and Naera v Fenwick – Whakapoungakau 24 [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) at [61] 5 Ibid. 386 Aotea MB 148 likely that the trustees and their agents intend to undertake further works then this will need to be discussed at a telephone conference to be arranged at short notice if necessary....

4. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...

5. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

   ...on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. [10] The ability of a court of record to deal with evidence, its admission and suppression, was considered by the Court of Appeal in Brown v Attorney General:1 Before setting out what is in issue, we should make clear one matter which was not in issue: that is the jurisdiction of the District Court to make suppression orders in civil proceedings. Judge Ongle...

6. Hearn v Parklane Investments Limited [pdf, 45 KB]

   ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim. 20. A...

7. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

   ...(a) $2,247.492 (expert planner); and (b) $674.103 (legal costs). [5] The Council makes the following submissions in support of its application (by way of summary): 2 3 4 (a) the Environment Court Practice Note 2014 provides that where an appeal is withdrawn after being set down for hearing the court will normally award costs against the appellant in favour of the other parties for their preparation for hearing;4 [2019) NZEnvC 83. Amount sought is 100% of cost incurred....

8. [2020] NZEmpC 34 Byrne v The New Zealand Transport Agency [pdf, 247 KB]

   ...that different event. 11 Employment Relations Act 2000, sch 2 cl 15. 12 Commissioner of Salford School v Campbell [2015] NZEmpC 186 at [27]. This proposition was not considered on the dismissed appeal: The Commissioner of Salford School v Campbell [2016] NZCA 126. 13 Stormont v Peddlethorpe Aitken Ltd [2017] NZEmpC 159 at [23]; Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 137, [2015] ERNZ 1080 at [18]−[21]; and Rodkiss v Carter...

9. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 462 KB]

   ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...

10. Vercoe v Savage - Otonga Whanau Trust [2021] Chief Judge's MB 838 (2021 CJ 838) [pdf, 280 KB]

    ...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [13] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...