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1. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...interpretation of subordinate statutory instruments, including as expressed in the Interpretation Act 1999. The Environment Court in Auckland Cottndl v J Budden and ors19 succinctly summarised those principles, including as expressed in the leading Court of Appeal decisions in Rattn_ry20and Powell.·21 19 20 21 [36] The principles for the interpretation of a subordinate RlvIA planning instrument are also well settled and not contentious. We are guided by the Interpretation A...

2. Allan v Christchurch City Council [pdf, 81 KB]

   ...his company had been involved in a number of projects before being put into voluntary liquidation. The Tribunal draws the inference that this was a limited purpose company as described by Priestley J in Tony Tay (supra). [51] The Court of Appeal in Trevor Ivory Limited v Anderson10 emphasised the importance of examining the factual matrix in each case before determining if there was personal responsibility. Having undertaken such an examination of the facts the Tribunal consi...

3. Manuel v Waitakere City Council [pdf, 70 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-00030 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of an Adjudication BETWEEN NEIL EUAN MANUEL, MARGARET MARY MANUEL AND THE PUBLIC TRUST as Trustees for the N & M MANUEL FAMILY TRUST Claimant AND WAITAKERE CITY COUNCIL First Respondent AND BRIAN ELLIOT Second Respondent AND REX W LITTLE AND ASSOCIATES Third R

4. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...their words to mean, or what their negotiating stance was at any particular time, is irrelevant. 8 (footnotes omitted) [38] There is a further point which should be emphasised for the purposes of this case. In Silver Fern Farms, the Court of Appeal referred to the approach adopted at first instance by Judge Shaw, when she was required to consider apparent 7 Tertiary Education Union v Vice-Chancellor, University of Auckland [2015...

5. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

   ...Tipene v Tipene the Court considered whether a non-owner had an equitable interest in a house to which she and her husband had made substantial improvements.9 The Court considered the principles of constructive trust and also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features a claimant must show for the imposition of a constructive trust:10 1. Contributions, direct or indirect, to the property in question. 2. The expectation of...

6. Stone v Couch - Rapaki MR875 39A (2020) 65 Te Waipounamu MB 61 (65 TWP 61) [pdf, 345 KB]

   ...entirely consistent with and confirm the class of beneficiaries as set out by the Court and gazetted. Those matters are: (a) Henry has never taken any steps to challenge the Court order or amend the definition of the beneficiaries by way of rehearing, appeal, or s 45 application; (b) Herena’s whānau have buried seven whānau members in the south-west corner of the urupā over the period of more than 40 years without challenge or objection from the trustee; (c) Herena’s wh�...

7. 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...

8. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   BEFORE THE ENVIRONMeNT COURT AT AUCKLAND IN THE MATTER: of the Resource Management Act 1991 AND IN THE MATTER: of appeals purswant to clause 14 of the First Schequle to the Act BETWEE;N MOTil'I ROHE MOANA TRUST (ENV-2015-AKL-0001.34) AND NGATI MAKiNO HERITAGE TRUST (ENV~2015~AKl.,000140) NGAti ·RAN(SINUI IWI INCORPORATED soc·1ETY · ·· · (ENV.:201 fr-AKl.;000141) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ANO VARIOUS Section 274 Parties STA...

9. Canterbury Westland Standards Committee 1 v Allan [2019] NZLCDT 25 [pdf, 351 KB]

   ...In May 2018 Mr Allan represented C B (Mr B) in a jury trial where he was convicted of 33 charges for sexual offending against two complainants. 61 L C was instructed to represent Mr B at sentencing and to conduct a review of the case for possible appeal grounds. 62 In early July 2018 Mr C requested the file from Mr Allan via telephone message. This was followed by a formal written request by letter dated 11 July 2018 specifying the documents required (the requested documents). 63...

10. Kidd v Maori Owners - Whenuanui No 2B [2021] Chief Judges MB 1409 (2021 CJ 1409) [pdf, 356 KB]

    ...standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.12 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [35] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:13 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 court...