Search Results

1. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...satisfactory in all respects to them, and not obtaining a report on a dwelling, they did so in reasonable reliance on the representations of fact made to them by Mr Xiang on 23 August 2006. [54] In AMP Finance NZ Limited v Heaven2 the Court of Appeal held that the question of whether there has been a breach of s 9 should be addressed in three steps:3 a) Ask whether the relevant conduct was capable of being misleading; b) Consider whether the plaintiffs were in fact misle...

2. Hill v Whimp [pdf, 158 KB]

   ...their history of owning and subdividing other land. [45] The law is well settled that those who build owe a duty of care to future owners of those buildings. The leading case is Mt Albert Borough Council v Johnson [1979] 2 NZLR 234 (Court of Appeal). The decision in that case arose from a development company engaging contractors to do the building work on a block of flats. The legal principle has been subsequently applied to the not uncommon situation in New Zealand where an ow...

3. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-T ARA Decision No. [2022] NZEnvC 112. IN THE IvIA TIER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) LAND IvIA TIERS LTD (ENV-2019-WLG-000107) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON INTERNATIONAL AIRPORT LTD (ENV-2019-WLG-000117) CENTREPORT LTD AND CENTREPORT PROPERTIES LTD (ENV-2019-W...

4. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...descendants of Eru and Te Owai Pou as “the whānau”. 1 See the discussion in Ruapuha and Uekaha Hapu Trust v Norman Tane – Hauturu East 8 Block (2010) 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) at [86]-[96] where the Court addressed the application of s 354 of the 1993 Act to s 438 of the 1953 Act, whereby trusts constituted under s 438 are ahu whenua trusts for the purpose of the 1993 Act. 61 Taitokerau MB 250 [...

5. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...discovered, the value of the property is unaffected and the cause of action has not accrued. In the leading judgment Tipping J refers to Hamlin and says: Hamlin’s case [39] The best starting point lies with the decisions of the Court of Appeal and the Privy Council in the Hamlin litigation, which concerned latent damage to buildings.21 In his judgment in the Court of Appeal in that case, McKay J said:22 Page 26 “The ordinary time limit for an action in contract...

6. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

   ...The structure and procedure of New Zealand courts is established by a mixture of principles,  different types of legislation, common law (law developed by judges), and practice notes and  guidelines:   The  Judicature Act 1908 establishes  the Court of Appeal and codifies provisions about  the High Court.   The Supreme Court Act 2003 establishes the Supreme Court.   The District Courts Act 1947 establishes the District ...

7. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...adult complainant is permitted to give evidence in an alternative way.3 It is not uncommon in sexual violence cases for complainants to give their evidence-in-chief by way of pre-recorded video of their original police interview. However, a Court of Appeal decision in 2011 has limited the use of pre-recorded cross-examination (questioning by the defence lawyer) to rare and exceptional circumstances.4 3 Since amendments to the Evidence Act 2006 came into force in 2017, child witnesses have been...

8. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   Dromgool v Minister for Land Information IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2023] NZEnvC 259 IN THE MATTER OF appeals under ss 23 and 24 of the Public Works Act 1981 BETWEEN S & D DROMGOOL (ENV-2017-AKL-101) AD & J POULTON (ENV-2017-AKL-102) NEWMAN FARMS LIMITED (ENV-2017-AKL-103) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Judge J A Smith s...

9. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...paid for damaged property, otherwise the wrongdoer would escape liability. Manchester places considerable reliance on English case law concerning the assignment of contractural rights. In particular Manchester relies on the English Court of Appeal case Offer-Hoar v Larkstore Limited.3 [30] In Offer-Hoar, a vendor of land assigned his contractural rights arising from an engineering report on the land to the purchaser, five years after selling for full value, and after a landslip...

10. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

    ...17 Heard v New Zealand Forest Products Limited [1960] NZLR 329 (CA) at [357]. 18 The Court of Appeal in Byron Avenue dismissed the notion that unfamiliarity with New Zealand conditions altered the level of care required of a claimant; see [80] per Baragwanath J. Page | 31 and so agreed to strike out the requirement to obtain a L