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1. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...evidence presented by the applicant. He points to a lack of specific detail as to breaches of covenant and as to the cost of repair. He also refers to the decision in Maori Trustee v Rogross Farms Ltd [1994] NZLR 410. In that decision the Court of Appeal held that as a prima facie measure the rule in Joyner and Weeks should apply in cases such as this. This means that the lessor is entitled to damages based on the cost of remedying any breaches of covenant unless the lessee can es...

2. Pure - Ahipara 1B2B - (2013) 69 Taitokerau MB 109 (69 TTK 109) [pdf, 117 KB]

   ...and importance of the matter” for the purpose of s 288(2)(b) must, by definition, include the various evidence that 3 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428). 69 Taitokerau MB 117 relates to the application: that is, the evidence that goes to whether the partition is “necessary to facilitate the effective operation, development, and utilisation of the land”; “the effect...

3. AC v Secretary for Justice 20 March 2012 NZRA 000003 [pdf, 99 KB]

   ...justice. [20] I find that the principles of natural justice apply to the Secretary when making a decision in respect of an application by a practitioner. In Ngati Apa Ki Te Waipounamu Trust v Attorney-General [2004] 1NZLR 462, the Court of Appeal at p 471 stated that: “where legislation empowering a person to make a decision omits positive word importing obligation of natural justice the common law will impose it”. See also Wiseman v Borneman [1971] AC 297 where it was h...

4. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...was unsuitable for living in due to its weathertightness defects. Since then the claimants had the subject property rented out. At the hearing the claimants reduced their claim for general damages to $15,000.00 in total. [42] The Court of Appeal in its recent decisions in Sunset Terraces4 and Byron Avenue5 have settled the quantum in relation to general damages for leaky homes whereby the appropriate sum to award owners who do not occupy the dwelling the total amount of $15...

5. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...directs that Mr Zhang’s letter of apology (attached to Ms Harrison’s submissions) is to be forwarded to the vendor. [34] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ____________________ Mr G Denley Member __...

6. Family Fixed Fees Schedules July 2020.. [pdf, 598 KB]

   ...further instructions and reviewing merit • Undertaking negotiations • Attending Registrar’s list/chambers hearings • Liaising with relevant parties – Oranga Tamariki, counsel for child, witnesses, experts • Reporting to client Appeals against financial decisions- preparation Estimate required by amendment For • all preparation related to appeal • reporting to client • preparing application for amendment to grant Appeals against financial decisions...

7. 2023-10-12-Affidavit-of-Laila-Alkamil_Part1.pdf [pdf, 20 MB]

   ...of case management tools available to the Court to best enable meaningful participation by submitters. 29. With the strength of the differing opinions held within the community, it is likely, in my opinion, that the Application would otherwise be appealed to the Environment Court if it was heard by Council in the first instance. Having the Application instead heard by the Environment Court will avoid duplication of cost and time for the Applicant, Council and submitters. ECS-479124-46·2...

8. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...to take any further action pursuant to Section 138(1)(f) of the Act. [11] This section confers a discretionary power on a Standards Committee to take no further action if there is, “in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, and that it would be reasonable for the person agreed to 4 exercise”. The Committee’s decision appears to have related to t...

9. [2020] NZEnvC 191 Aratiatia Livestock Limited v Southland Regional Council [pdf, 413 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 191 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-029) ... (continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Com...

10. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

    ...that if a similar approach were to be adopted by the Respondent in his dealings with the Court, then the integrity of the justice system would be severely compromised. He was also critical of the Respondent for not providing a favourable Court of Appeal decision in respect of one of the cases referred to. The Applicant alleged that the Respondent was selective in what he supplied to the Law Society. [7] The Applicant is also offended by the accusations made by the Respondent, and...