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1. Hastie and Dredge TRI 2023-100-001 Procedural Order 6 [pdf, 232 KB]

   ...break the chain of causation. It is submitted that had the original work not been defective, the repairs would not have been undertaken and additional losses would not have been incurred. The claimants rely on Johnson v Watson, where the Court of Appeal held that it is enough to establish that the original work remained a substantial and material cause of the damage.20 [43] The claimants submit that all parties have been prejudiced by the loss of documentation caused by the eart...

2. Broad v Samson - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) [pdf, 391 KB]

   ...Group Ltd (in receivership and liquidation) v MacIntosh [1998] NZLR 171. 27 Commonwealth Reserves I v Chodar [2001] 2 NZLR 374 at [42]. 28 Morrison v Trustees of the Trevor and Dinah Maxwell Whanau Trust [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) at [21]. 29 B248739.1 Transfer Instrument. 169 Taitokerau MB 148 the natural love and affection I bear towards my brother Samuel Patrick Samson do hereby transfer to the said Samuel Patrick Samson all my estate and inter...

3. Mark McNeilly (dated 21 April 2017) [pdf, 3.8 MB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF MARK ANDREW McNEILLY _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solic...

4. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

   ...2 Above n 1. 3 Dorbu v the Lawyers and Conveyancers Disciplinary Tribunal HC Auckland CIV-2009-404- 7381, 11 May 2011 at [17]. 4 At [20]. 5 [18] Those comments were noted with approval by the Court of Appeal in Deliu v National Standards Committee of the New Zealand Law Society where the Court said:5 It is of course well-established that the Tribunal is not entitled to determine that facts in issue are proved by accepting without inquiry the

5. Bradley v Jones - Miria Pene [2016] Chief Judge's MB 907 (2016 CJ 907) [pdf, 414 KB]

   ...evidence 6 he stated that his mother known as Miria Pene or Miria Jones or Miria Ropitini or Miria Hansey who had died around 1942. At a subsequent 2 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 60 Rotorua MB 360-361 dated 10/07/1914 5 147 Rotorua MB 118-120 dated 12/08/1969 6 71 Wairoa MB 49 dated 14/02/1967 2016 Chief Judge’s MB 918 hearing 7 Pokia...

6. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...(and their firm), their client and Ms A’s former boyfriend and organisations with which he was associated. 2. Ms A was refused interim name suppression by the Tribunal, but her name remains suppressed by interim order of the High Court pending appeal. Mr Brookie indicates she may seek final name suppression. We expect her to file such an application no later than 1 February 2023. We make an interim order suppressing her name at least until her application for final name suppress...

7. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...proceedings were adjourned on the issues of liability and apportionment 3 National Rivers Authority v Yorkshire Water Services Limited [1995] AC 444 at 452 (House of Lords); Attorney General’s Reference (No. 1 of 1994) [1995] 1 WLR 599 at 613 (Court of Appeal). [24] [25] [26] [27] [28] [29] 9 of liability for costs and clean-up expenses under s 315(2)(c) of the Act.4 I acknowledge that in consenting to the making of enforcement orders the Fourth to Sixth Respondents...

8. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...Authority within one month of this decision. 3. Ordered to pay costs of $7,109 to the Authority within one month of this decision. [51] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. 9 See also Mr Bright’s “Comments/Responses to Complaint” dated 31 July 2019 (at [18]). 13 PUBLICATION [52] Having regard to the privacy of the complainant and the interests of the public, it...

9. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...17 R v Briggs [2009] NZCA 244 at [85] per Arnold J. 67. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 68. For...

10. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

    ...proof. This issue becomes crucial in a case like the present where considerable reliance is placed on circumstantial evidence. The leading authority on the topic is Honda New Zealand Ltd v New Zealand Boilermakers’ etc Union,3 where the Court of Appeal reaffirmed that where what is at issue in a civil case is the alleged commission of a criminal offence, the standard of proof, while still based on the balance of probabilities, requires the evidence in support to be as convincing i...