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...216-222 on 19 March 2015 - Application to the Chief Judge A20180008889 58/93 Riki Ngatoki, Hayward Brown Ngaiotonga A3 - and a decision to dismiss an injunction application at 181 Taitokerau MB 165-184 dated 24 September 2018.- Notice of Appeal A20180009091 45/93 Rau Trevor Brown Te Irihanga 2A Block & 6 others - and a transfer of shares made at 31 Waikato-Maniapoto MB 180-191 on 25 October 2011 - Application to the Chief Judge
...met. 4 [1854] 9 Exch 341 5 [1949] 2 KB 528 25 [130] The test of remoteness in tort is wider as it does not encompass the element of the contemplation of the parties. Where concurrent liability exists, as here, the English Court of Appeal considered the more confined contract test should apply.6 [131] However, if the negligence test did apply, I have concluded that it was also met. [132] Both Counsel set out the current law on causation in the negligence context in...
...rebuttal evidence relates to the plans and associated information for a revised 112 berth marina and associated marina parking and public promenade/viewing platform deck that was provided by Waiheke Marinas Ltd (WML) to the Court and parties to the appeal on 22 May 2015. It responds to matters covered in the evidence of the following witnesses: (a) Mr Serjeant on behalf of Direction Matiatia Inc (DMI). (b) Ms Bremner on behalf of the Auckland Council (Council). 4. I have rea...
...District Court [2012] NZHC 3413, [2013] NZAR 219 at [16]. 27 See Attorney-General v Hill (1993) 7 PRNZ 20 (CA) at 23. 28 See Attorney-General v Collier [2001] NZAR 137 (HC) at [35]. 29 See Attorney-General v Brogden [2001] NZAR158 (HC)a t [58] (appeal dismissed in Brogden v Attorney-General [2001] NZAR 809 (CA)). 30 Mackerel v Universal College of Learning HC Palmerston North CIV-2005-485-000802, 17 August 2005 (Mackerel). 31 Collier v Panckhurst CA 136/97, 6 September 1999 at [19]....
...hydrology and flood conveyance include the National Policy Statement Freshwater Management ("NPSFM"), Horizons Regional Policy Statement / One Plan, Greater Page 27 Wellington Regional Policy Statement / Natural Resources Plan (Appeals Version), Kāpiti Coast District Plan and Horowhenua District Plan. 93. By way of summary, some of the planning provisions or requirements that have influenced the design and assessment seek: (a) an integrated response to natural...
...working days of this decision. 3. Ordered to pay costs of $2,000 to the Authority within 20 working days of this decision. [136] 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. D J Plunkett Chair G Denley Member N O’Connor Member
...11 Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Unions Inc [2010] NZCA 317, [2010] ERNZ 317 at [36] – [37]. 12 Air New Zealand Ltd v New Zealand Airline Pilots Assoc Inc [2016] NZCA 131, [2016] 2 NZLR 829; leave to appeal this decision to the Supreme Court on an issue of jurisdiction has been granted: New Zealand Airline Pilots Assoc Inc v Air New Zealand Ltd [2016] NZSC 84. 13 New Zealand Professional Firefighters Union v New Zealand Fire Service Com...
...conditions of employment in those circumstances. Other cases affirming that broad interpretation of the phrase in New Zealand employment law include Tranz Rail Ltd v Rail & Maritime Transport Union Inc, 8 a judgment of a full bench of the Court of Appeal, New Zealand Amalgamated Engineering, Printing & Manufacturing Union Inc v The Christchurch Press, 9 and of the High Court (then Supreme Court) in Elston v State Services Commission (No 3). 10 Finally, in support of th...
...of the trust in respect of any trustee. [75] The law relating to these sections was discussed in Marino - Repongaere 4G (Part) (2004) 34 Tairawhiti Appellate Court MB 98 (34 APGS 98). At folio 101 of that case the Court said: “The Court of Appeal underscored the broad powers of the Māori Land Court in respect of trusts in the important judgment The Proprietors of Mangakino Township v The Māori Land Court & Anor (CA 65/99, 16 June 1999, Wellington). In the decision it was no...
...of the actual role he or she performed. In determining whether the elements of the tort have been established, the factual matrix is all important.7 The leading decision on the elements of the tort of negligent misstatement is the Court of Appeal decision Rolls Royce New Zealand Limited v Carter Holt Harvey Limited.8 In that case it was held that in the case of negligent misstatement “the proximity enquiry generally focuses on the interdependent concepts of assumption of re...