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1. [2024] NZEnvC 148 Marlborough District Council v Gifford [pdf, 352 KB]

   ...that being so, it poses a difficult question as to what amount of those costs the respondents should have to contribute. [47] The Council in response referred us to the High Court’s decision in Gifford v Marlborough District Council,17 an appeal from the Environment Court. The High Court confirmed the Environment Court’s jurisdiction to impose the relevant enforcement orders. [48] The High Court addressed the question of jurisdiction to impose Orders B3, B12 and B13 as...

2. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...(a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and, if so, (b) whether there is a serious question to be tried in relation to the claim of permanent reinstatement. [7] As the Court of Appeal made clear in NZ Tax Refunds Ltd v Brooks Homes Ltd, a serious question to be tried is one that is not vexatious and frivolous.6 Once that (relatively low) threshold is overcome, the merits of the case (insofar as they can be ascertain...

3. Puohotaua v Paranihi - Rakato and Part Rakato B Maori Reservation (2024) 487 Aotea MB 53 [pdf, 298 KB]

   ...appointment until 2023. If she had known about the appointment she submits that she would have objected. No reasons were given as to why she would have objected. 10 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) at [28]. 11 Section 240(1)(b)(i) and (iv) of the Act. I note that s240(1)(b)(i) of the Act deliberately uses the word “repeatedly” suggesting that any evidence of refusing or failing to act, must be more than a one off. The...

4. LCRO 46/2025 WP v HJ and NB (12 August 2025) [pdf, 204 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

5. Gillies v Lucas - Waipuka No C No 1 and Others (2025) 124 Tākitimu MB 51 (124 TKT 51) [pdf, 312 KB]

   ...288(2)(b) requires a ‘sufficient degree’ of owner support for the partition. There is no pre-determined figure amounting to a ‘sufficient degree of support’.12 12 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [51]. 124 Tākitimu MB 61 Sufficiency of support is not simply a matter of arithmetic.13 Rather, it is assessed on a case- by-case basis with regard to the nature and importance of the matter.14 On this point, the M...

6. LCRO 21/2025 CB v AC (28 August 2025) [pdf, 213 KB]

   ...of these in due course. What is the nature and scope of the review? [28] The High Court has said of the process of review under the Act that:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. CAC 10063 v Rajneel Raj - Interim Decision 2 [2011] NZREADT 25 [pdf, 45 KB]

   ...from two working days after the date of the decision to enable Mr Raj to be served. This notice of suspension is for a period of six months or until the charge against Mr Raj is heard, whatever date is earlier. [11] The licensee has a right of appeal to the High Court pursuant to s.116 of the Real Estate Agents Act 2008. 3 DATED at Auckland this 31st day of August 2011 _____________________________ K Davenport Chairperson _____________...

8. RA Burgess 15 April 2014 NZSHD 6 [pdf, 101 KB]

   ...provisions of s.16(5) of the Act which provide for a fine on conviction if a licence holder fails without reasonable excuse to return a cancelled licence, and every copy of it, to the Authority immediately on cancellation. [19] Mr Burgess has a right of appeal to the District Court against this decision which must be brought within 20 days of the date of the decision, or within any longer period that the District Court, on application made before or after the expiration of that period,...

9. [2013] NZEmpC 136 Talent Bean Ltd T/A Roasted Addiqtion Cafe v D’Souza [pdf, 48 KB]

   ...answer to the application for stay of execution and I shall treat his document as a notice of opposition. [5] The grounds of the application for stay put forward by the plaintiff are that if the stay is not granted, the plaintiff’s right of appeal will be ineffectual. The plaintiff submits that the challenge is brought for good reasons and in good faith and that the defendant will not be affected injuriously by a stay. It is submitted that the questions of the case are importa...

10. [2013] NZEmpC 136 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D’Souza [pdf, 55 KB]

    ...include a reconfirmation of the costs and disbursements awarded by the Authority. The defendant seeks costs in respect of the challenge. The matter is to be decided upon the principles set out in the three often cited decisions of the Court of Appeal dealing with costs awards in this Court; Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 Health Waikato Ltd v Elmsly. 5 Those principles are now so clearly established and applied in this Court tha...