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1. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

   ...reason is simply as provided in the preceding paragraph – namely that I did not consider there was any strength in his application. It is difficult to see what further reason need be provided. [17] UQ has subsequently referred me to a Court of Appeal decision (Taylor v The Queen [2010] NZCA 628) where the Court applied earlier authorities that the giving of earlier adverse rulings, even adverse findings of credibility, will only “in the rarest of circumstances” (Muir v Commiss...

2. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   Grafton Downs Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 122 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN GRAFTON DOWNS LIMITED PHOENIX PROPERTY ADVISORY LIMITED (ENV-2023-AKL-000157) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge M J L Dickey sitting alone under s 279 of the Act Last case event: 1...

3. Tucker v Real Estate Agents Authority (Application for Closed Hearing) [2019] NZHRRT 49 [PDF, 287 KB]

   ...disgraceful conduct made by the Real Estate Agents Disciplinary Tribunal in Real Estate Agents Authority v Tucker [2016] NZREADT 65 and Complaints Assessment Committees 301 and 403 v Tucker [2017] NZREADT 4. That decision was upheld by the High Court on appeal. See Tucker v Real Estate Agents Authority [2017] NZHC 1894. Dr Codyre’s evidence about the past impact of these cases on Mr Tucker’s mental health appears to be based on a self-report from Mr Tucker during a single consultat...

4. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

   ...Employees Union Inc [2015] NZEmpC 44, (2015) 12 NZELR 452 at [158]. 7 Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409 (EmpC) at [64]. Note that this was reversed in part by Coutts Cars v Baguley [2001] ERNZ 660, [2002] 2 NZLR 533 (CA), but the Court of Appeal (at [16]) heard no argument on this point. 8 Masina v Commissioner, Te Kura Kaupapa Maori O Piripino Te Kura Whakahou O Otara [2010] NZEmpC 141, [2010] ERNZ 413 at [36] and [66]. 9 New Zealand Amalgamated Engineering, Printing...

5. Karaitiana v Carroll – Matahiwi No 4B, Waipuka 2R Sec 3 and Waipuka 3A3A (2014) 29 Takitimu MB 214 (29 TKT 214) [pdf, 205 KB]

   ...support or opposition was then undertaken, based on the available evidence, which revealed the opposite outcome, as the following tables confirm: 7 [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 8 See Reid v Trustees of Kaiwaitau 1 Trust (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) and Brown v Māori Appellate Court (2001) 1 NZLR 87 9 [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 10 Bidois v T...

6. [2019] NZEnvC 122 Oceana Gold (New Zealand) Limited & others v Otago Regional Council [pdf, 2.2 MB]

   ...THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Memoranda lodged by: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 122 of the Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATE...

7. [2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 253 KB]

   ...is brought, however, those documents should be available for consideration by the Court. It would then be the Court’s responsibility to consider the issue of destruction at the end of the process, including for the purposes of any subsequent appeal(s). (e) The parties may request provision by the Authority of the 10 documents which neither currently possesses, if one or other, or both, consider this is appropriate for the presentation of their case. [51] Because this judgment r...

8. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [pdf, 370 KB]

   ...egregious” to warrant forfeiture of the protections otherwise afforded by the LSA: Checkmate Precision Cutting Tools Ltd v Tomo.2 [11] In that decision, (now) Chief Judge Inglis referred, first, to Laverty v Para Franchising Ltd, where the Court of Appeal observed that:3 For circumstances to qualify as exceptional, however, they have to be “quite out of the ordinary”. [12] Reference was also made to Johns v Johns & Holloway, where Asher J stated:4 The word “exceptional...

9. [2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]

   ...is never established that he or she committed a crime in the course of the agency or employment. That is not indemnifying for criminal conduct, but indemnifying for the consequences of working in the employer’s or principal’s interests. On appeal, although on other points, the Court of Appeal opined in Davidson: 13 … the indemnification of agents at common law does not extend to expenses incurred in defending an allegation that the person charged did something which he or sh...

10. Wallace - Section 8 B no 1 Block IV Waitara Survey District (2015) 337 Aotea MB 61 (337 AOT 61) [pdf, 258 KB]

    ...applicants to Keri Jane Wallace and Jonathan Herman (“the purchaser”). 1 Keri Wallace is the granddaughter of Ellen Wallace. I also confirmed that the status of the land was to remain Māori freehold land. That order has not been subject to appeal or review. [3] The applicants now seek to change the status of the block to General land in order to obtain finance to enable the sale of the block to proceed. According to the application the TSB Bank will currently lend the purc...