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1. [2010] NZEMPC 136 Postal Workers Union v NZ Post Ltd [pdf, 50 KB]

   ...of the Act was considered in some detail in a different context by the Full Court in Idea Services Ltd v Dickson.2 Mr Mitchell submitted that the relevant daily pay provision in s 9 was intended to change the law as established by the Court of Appeal in Greenlea Premier Meats Ltd v Horn3 and to require employers to pay what the employee would actually have earned rather than some lesser rate. Mr McIlraith noted that there was no direct reference in the Explanatory Note to the Holi...

2. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...ought to impact on penalty. 9. The importance of maintaining public confidence in the provision of legal services, which incorporates scrutiny of the disciplinary process. The purposes of disciplinary penalties was discussed by the Court of Appeal in Morahan4: [40] In deciding whether s 351 of the 2006 Act prohibited the Tribunal from considering in its penalty decision Mr Morahan’s conduct prior to 1 August 2002, we consider it helpful to first examine the purpose that underp...

3. King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) [pdf, 303 KB]

   ...Section 227A of the Act is also relevant. It provides that a trustee must not be involved in any decision making concerning an issue that affects them directly, or indirectly, particularly where there is the prospect of gain. As the Court of Appeal set out in its decision Naera v Fenwick, the conflict rules are prophylactic in that they are designed to remove the fruits of temptation.13 That is why it is critical that a trustee must bring a mind unclouded by personal considerations...

4. Z v D LCRO 4 / 2008 (23 April 2009) [pdf, 44 KB]

   ...(such as an application for costs revision) need to have been taken before a right can be said to exist or be accrued. “Accrued right” is the phraseology used in s 20(e) of the former Acts Interpretation Act 1924. In this regard the Court of Appeal has stated that there has been no substantive change in meaning as between those two Acts: Claydon v A-G [2004] NZAR 16 (CA) per McGrath J at para 85. [21] It is my view that the applicants who had received a bill of costs but as at...

5. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...6 Eriwata v Trustees of Waitara SD Section 6 and 91 Land Trust (2005) 15 Whanganui Appellate MB 192 (15 WGAP MB 192) and Te Hokowhitu v Proprietors of Matauri X (2010) 2010 Māori Appellate Court MB 566 (2010 Appeal 566). 7 Ibid. 51 Taitokerau MB 285 [35] The test to ascertain whether the learned judge properly exercised his discretion whether to grant the injunction or not, is that which applies to permanent injunctions. [36] Mr Taylor

6. Taueki v Horowhenua District Council – Horowhenua (11) Lake (2012) 294 Aotea MB 236 (294 AOT 236) [pdf, 260 KB]

   ...the surrounding land is complex and this oral decision need not be encumbered with that detail. For present purposes however, a useful summary of background facts relevant to the proceedings can be found in the recent judgment of the Court of Appeal Taueki v R which is now reproduced in full for convenience: 4 [5] Mr Taueki is a member of the Muaüpoko iwi whose members, as we shall discuss, are the owners of the lake bed and relevant land. For these purposes, the starting po...

7. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND AND BETWEEN AND AND Decision No. [2018] NZEnvC S l­ of the Biosecurity Act 1993 the Resource Management Act 1991 (RMA) of an appeal pursuant to s 291 of the RMA FAR NORTH HOLDINGS LIMITED KERIKERI CRUISING CLUB WHANGAREI HARBOUR MARINE MANAGEMENT TRUST WHANGAROA MARINA MANAGEMENT TRUST RIVERSIDE DRIVE MARINA (2015) LIMITED (ENV-217-AKL-137) Applicants...

8. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...relationship with the trustees, and the means of the trust (which at present is not known), are relevant 10 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 158 Taitokerau MB 99 factors for them to consider. I encourage the parties to discuss this issue to see if it can be resolved by agreement. If it cannot, and costs are sought, the parties will have to file submiss...

9. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...A final point relating to the text of s 50F(1) relates to the phrase “for the purposes of facilitation”. This is not unlike the phrase “for the purposes of the mediation” which appears in s 148 of the Act. Of this section, the Court of Appeal stated in Just Hotel:22 [32] In accordance with the ordinary meaning of the word “purpose”, that of the intended object of an activity, a communication (written or oral) is protected unless it is created or made independently of...

10. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

    ...was intended when these flows were inserted into the RPW they would apply from October 2021 at the latest. 41. Mr de Pelsemaeker rejects the application of Schedule 2A minimum flows in relevant catchments, stating this is likely to reduce the appeal of the controlled activity pathway35. 42. By contrast, the evidence of Dr Allibone appeared to suggest that many Schedule 2A catchment deemed permit holders are currently operating and applying a de facto minimum flow regime36. 4...