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1. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...in the shed. Otherwise it would have been totally unreasonable to expect Mr Paraire, a man of limited financial resources, to expend such a large amount of money on improving the shed. The law [63] In the case of Gillies v Keogh, the Court of Appeal referred to what are known as the five probanda required to be shown by a party seeking to rely upon the doctrine of proprietary estoppel. 29 [64] Richardson J noted that there had been a trend away from the strict application of...

2. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...exists. But there must be a link between the applications and the statutory power where jurisdiction is sourced. Such a link does not exist on the facts here. See also Melrose v Porter – Torere Section 58 [2022] Māori Appellate Court MB 209 (2022 APPEAL MB 209). 33 Section 30A, Te Ture Whenua Māori Act 1993. 477 Aotea MB 150 (a) to enable and encourage applicants and persons affected by an application under section 30 to resolve their differences concerning represen...

3. [2021] NZEnvC 187 The Canyon Vineyard Limited v Central Otago District Council [pdf, 1.5 MB]

   THE CANYON VINEYARD LTD v CODC – FINAL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 187 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...

4. Education and Training Bill Advice [pdf, 275 KB]

   ...Instruction in state primary schools, intermediate schools and nga kura recommend requiring informed consent from a parent or caregiver before allowing a student to participate in religious instruction.13 18. In a pre-Bill of Rights Act case, the Court of Appeal held that school assemblies which included some religious observance were lawful as long as the parents could ‘opt out’ their children.14 It is not clear whether a court would come to the same conclusion now under the Bill o...

5. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

   ...pest. We accepted the applicant’s case that emerging indigenous vegetation on the land have values that warrant protection in the context of cl 4(1)(b)(v). [52] The Council had challenged that aspect of our interim decision in the High Court appeal, although that ground of appeal was also unsuccessful. The court’s conclusion was upheld by the High Court.11 The High Court agreed that the environmental effects of removal of the pest conifers could also be considered to be a c...

6. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...Crook. The plaintiff bears the onus of proof. It is clear that all employment agreements have terms implied into them which impose duties on employers to take reasonable steps to maintain a safe workplace, a duty which as noted by the Court of Appeal in Attorney-General v Gilbert3 is informed and given content by the Health and Safety in Employment Act 1992. [10] Section 6 of the Health and Safety in Employment Act 1992 imposes general duties on employers. The duties relevant t...

7. [2019] NZEmpC 49 Mathews v Bay of Plenty District Health Board [pdf, 449 KB]

   ...party, “unless made in writing and signed by both parties”. This replicated the common law position that, whether a 23 Ruddlesden v Unysis New Zealand Ltd [2004] 2 ERNZ 163 (EmpC); leave to appeal declined in Unysis New Zealand Ltd v Ruddlesden [2004] 2 ERNZ 301 (CA); Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480 at [73]. 24 Above at [31] and [32]. variation takes the form of an alteration to an exist...

8. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...(Worldwide Salvage and Towage) Ltd (The Sea Angel) [2007] EWCA Civ 547, [2007] 2 Lloyd’s Rep 517 at [111]. See Planet Kids, above n 4, at [8] and [60]–[62]. 13 The Sea Angel, above n 12, at [111]. [50] The New Zealand Court of Appeal confirmed in Karelrybflot AO v Udovenko that the doctrine of frustration is available in employment cases, but should not be easily invoked with respect to vulnerable employees: 14 … the doctrine of frustration is applicable to cont...

9. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...been unable to do so. The plaintiff’s application extends also to costs in the Employment Relations Authority because, although it found in the Hereworth School Trust Board’s (the Board’s) favour, that determination 2 has been reversed on appeal by this Court. [2] The Authority ordered Mrs Fox to pay the Board $21,000 as a contribution towards the defendant’s costs of a three-day Authority investigation in September 1 Fox...

10. Puna v Puna - Rotopounamu 1B1A [2022] Chief Judges MB 28 (2022 CJ 28) [pdf, 335 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [33] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:6 The first is an 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 cour...