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1. Wall v Fairfax New Zealand Ltd [2017] NZHRRT 17 [pdf, 1.1 MB]

   ...and would be deeply damaging to the public interest. 19 Professor Grant Huscroft [89] Professor Grant Huscroft, then a tenured professor of law at the University of Western Ontario in London, Ontario, Canada, but now of the Ontario Court of Appeal, gave expert opinion evidence by AVL on five issues relating to s 61 of the HRA and its interaction with the New Zealand Bill of Rights Act 1990. Those issues, as formulated by the solicitors for Fairfax were: [89.1] What does the rig...

2. [2023] NZEnvC 141 Nature Preservation Trustee Limited v Queenstown Lakes District Council [pdf, 30 MB]

   NATURE PRESERVATION TRUSTEE LIMITED v QLDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 141 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN NATURE PRESERVATION TRUSTEE LIMITED (ENV-2022-CHC-42) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Chr...

3. Hartley v Balemi [pdf, 401 KB]

   ...any of the actual building work on any of the parts that now leak. He was a director dealing with the company’s business. 8.4.3 Mr Cogswell submits that the leading case on the assumption of personal liability by directors is the Court of Appeal in Trevor Ivory v Anderson [1992] 2 NZLR 517. This case sets out the test to determine whether a director should be seen to have assumed an actual or imputed duty of care to other persons. I accept that I should use Trevor Ivory as...

4. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.6 Subsequently, the Court of Appeal in A Ltd v H discussed s 103A and observed:7 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, t...

5. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   ...of his or her trust (whether by way of injunction or otherwise). [47] It is well established that the supervisory powers of this Court in relation to trusts are extensive. In Proprietors of Mangakino Township v Māori Land Court the Court of Appeal commented: 30 [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our view impossible to see any bright line between matt...

6. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

   ...Authority nor the Court is strictly bound by the provisions of the EA, guidance is often obtained from its provisions. Thus, s 69 has been referred to by the Authority from time to time,25 and by the Court.26 [88] As explained by the Court of Appeal in the leading authority of R v X,27 confidential information may be disclosed in Court unless the Judge gives a direction under s 69(2) having regard to the factors in s 69(3).28 It is clear from the judgment that what is required is...

7. 2021-03-11 Nga Runanga - opening submissions [pdf, 443 KB]

   ...effect to the NPSFM rather than the existing one. 28. The decision of the Environment Court in Clutha District Council v Otago Regional Council16 is also relevant to the issue of consent duration in the context of PC7. The Court declined an appeal by the District Council, seeking a 35-year term for a permit to take and use surface water from the north branch of Te Mata-Au. The Regional Council granted the consent for a 25-year term, and the Environment Court upheld that decision....

8. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...international human rights documents, such as United Nations treaty body general comments, which provide interpretive guidance on human rights treaty provisions, and UN Special Rapporteur reports and findings. The Commission notes that the Court of Appeal has found that general comments are “pertinent” to the interpretative process.26 When considering the application of the human rights framework, the courts have also referred in their judgments to the observations made by Uni...

9. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...there is no evidence that this factor played a part in the assessment of credibility which Mr Elliott and Mr Williams undertook when deciding whether to prefer Mr Taylor’s or Mr Kupa’s account. [76] Mr Mitchell referred to dicta of the Court of Appeal in Whanganui College Board of Trustees v Lewis, 5 echoed in Timu v Waitemata District Health Board to the 5 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA)....

10. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

    ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...