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1. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...affected. Due to the financial pressures they could not attend their niece’s wedding in Melbourne. [35] Generally an award of $25,000 per unit for occupiers is made based on the decisions of William Young P and Baragwanath J in the Court of Appeal in O’Hagan v Body Corporate 189855 [2010] NZCA 65, [2010] NZLR 445 [Byron Ave], Mok v Bolderson HC Auckland CIV 2010 404 7292, 20 April 2011 and Cao v Auckland City Council HC Auckland CIV-2010-404-7093, 18 May 2011. Accordingly,...

2. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

   ...reasonable cost of the consequential losses the claimants will inccur as a result of the remedial work. Page | 6 [18] The claimants and Council also agreed that the sum of $25,000 in general damages should be awarded. The Court of Appeal in Sunset Terraces and Byron Avenue2 agreed that the appropriate measure depends on individual circumstances but for owner-occupiers the usual award would be in the vicinity of $25,000. [19] I accept that Mr Han and Mrs Woo have bo...

3. Abernethy v Coughlan [pdf, 29 KB]

   SUMMARY Case: Abernethy & Anor v Coughlan & Ors File No: TRI 2009-100-000022/ DBH 01666 Court: WHT Adjudicator: RM Carter Date of Decision: 26 August 2009 Background The claimants, Mr and Mrs Abernethy, own a townhouse that was built in 1994 and they purchased it in 2003. The house is suffering damage from leaks and needs to be reclad. The claimants therefore sought $334,846.10 from all respondents. Summary of Facts Mr Coughlan, Mr Humphrey and 2 other people,

4. BORA Police Complaints Authority (Conditional Name Protection) Amendment Bill [pdf, 104 KB]

   ...consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is "justifiable" in terms of section 5 of the Bill of Rights Act. 12. In Moonen v Film and Literature Board of Review, [1] the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a justified limitation in terms of section 5 of the Bill of Rights Act. The inquiry required by Moonen is essentially two-fold; whether...

5. Wikatene - Tauranga Taupo 1B 2B No 2 (2017) 376 Aotea MB 81 (376 AOT 81) [pdf, 290 KB]

   ...enforce the obligations of his or her trust (whether by way of injunction or otherwise). 376 Aotea MB 84 [16] The obligations of trustees are well settled and need not be repeated here. The relevant legal principles were set out by the Court of Appeal in Rameka v Hall.4 I adopt those principles. Discussion [17] The last review of this trust was conducted in 2015 upon application by Mr Wikatene. During the proceedings, a special general hui was held on 2 May 2015. At that...

6. [2018] NZEnvC 003 Auckland Council v London Pacific Family Trust [pdf, 281 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 003 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-2017-AKL-000105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Court: Principal Environment Judge LJ Newhook Environment Judge JJM Hassan Environment Commissioner RM Dunlop Env...

7. WA v XB LCRO 130/2012 (18 March 2015) [pdf, 33 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Discussion [19] The decision records the Committee’s consideration of th...

8. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...publication, or non-publication of decisions. However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [35] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: “[T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the righ...

9. Fa'asavala v Letalu [2014] NZIACDT 91 (17 September 2014) [pdf, 174 KB]

   ...course where he repeatedly filed unmeritorious requests, then made complaints on the same grounds. The responses of Immigration New Zealand and the Minister made it clear why his actions were inappropriate. He persisted. [2.3] He then lodged an appeal out of time and he did not refund the filing fee to the complainant. [3] The Tribunal found Mr Letalu was incompetent, he did not commence his engagement in accordance with the Code of Conduct 2010 (breaching clause 1.5), he breached the...

10. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

    ...freely reported as part of the overriding principle of access to justice. Documents produced in court are available for inspection. The High Court Rules recognise that outside of that hearing process, and for a brief period afterwards covering the appeal period, persons other than the parties need permission to inspect documents held on a court file. As referred to in Eden Group Ltd v Jackson, 2 the 2 Eden Group Ltd v Jackson [20...