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1. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...including internal documents and statements to [Company B] shareholders … [48] He acknowledged that the Commerce Commission did not accept the opposing parties’ submissions on wholesale pricing but said that, had the case gone to a High Court appeal hearing,16 their argument on that score could have attracted positive attention from a judge sitting with two assessors. He added that rejection of a submission (a litigation commonplace) did not mean it ought not to have been made....

2. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   NELSON-MARLBOROUGH FISH AND GAME COUNCIL TOPIC 13 WATER QUALITY IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 239 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN NELSON-MARLBOROUGH FISH AND GAME COUNCIL (ENV-2020-CHC-35) … (continued on separate page) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Ha...

3. [2021] NZACC 31 - Reynolds v ACC (5 February 2021) [pdf, 206 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 31 ACR 341/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN PAMELA REYNOLDS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 November 2020 Heard at: Dunedin/Ōtepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgme...

4. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...the maximum likely to be upheld at the substantive hearing. In doing so, the Court relied on its then recent survey of the length of restraints in Walley v Gallagher Group Ltd. 32 Both Servilles and Gallagher were decided before the Court of Appeal’s judgment in Fuel Espresso Ltd v Hsieh. 33 There the Court emphasised the sanctity of contracts and the importance of enforcing reasonable restraints. 34 [53] The restraint on contacting or working for customers in this case is...

5. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...election and requesting a hearing. Deputy Chief Judge Isaac dismissed that application on 29 October 2001 on the grounds that sections 44 and 45 of the Act relate to corrections of errors in orders and that no final order had been made from which an appeal was possible, at 2001 CJMB 200-202. He then suggested that further directions should be sought setting out a timetable to conclude all applications then extant. Minute Book: 123 AOT 163 CASE LAW Maori Reservations In a decision...

6. Thomas v Accident Compensation Corporation (Mental Injury) [2023] NZACC 103 [pdf, 310 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 103 ACR 206/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LEASA THOMAS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 June 2023 Held at: Hamilton/Kirikiriroa Appearances: A Carlyle for the Appellant J Sumner for the Accident Compensation Corporation (“th...

7. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...claimed privilege over a number of documents; b Litigation privilege lapses upon the conclusion of the proceeding in question, which means that the defendant cannot claim litigation privilege in respect of documents in the High Court, Court of Appeal, and Supreme Court proceedings between PRI and LSG (refer LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd & Anor [2014] NZSC 1528). The plaintiff claims that documents that detail the defendant's approach to th...

9. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

   ...188529 v North Shore City Council (Sunset Terraces)13 the High Court decided that a territorial authority has no liability in respect of issuing building consents for plans notwithstanding their lack of detail. This was confirmed by the Court of Appeal on appeal.14 [73] The claim against North Shore City Council for approving the plans must therefore fail. Inspections [74] In respect of the local authority‘s inspection processes, sections 43(3) and 76 of the Build...

10. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

    ...determined to take no further action. 5 His Honour described Mr JQ’s “intention … to attempt to reopen the evidence” in respect of which Mr JQ’s “only possible vehicle [was] by way of appeal” which was “substantially out of time”. 5 (1) Directions, authority to repay Mr JQ’s boat loan [26] The Committee concluded that the consent memorandum, whilst authorising Mr DO to pay “the amounts required to repay the...