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1. [2021] NZEnvC 049 Kristin School Charitable Trust v Auckland Council [pdf, 333 KB]

   ...waiver, relevant factors include the length of the delay, the reasons for the delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution. [13] Kristin School and Auckland Council have consented to the applications for waiver. While that is not determinative, it is a relevant factor in terms of s 281(3)(a). [14] No party has claimed that they will be undu...

2. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...jurisdiction of the Court and s 19 prescribes its jurisdiction in relation to injunctions. Both sections require to be read in the context of the objectives of the Act in s 2(2) and also s 17. The effect of s 17 on s 18 was considered by the Court of Appeal in Attorney- General v Maori Land Court [1999] 1 NZLR 689 at 698 as follows: [Section 17(1)] states the primary objective of the Court and reinforces the Preamble - to promote and assist in the retention of Maori land and Genera...

3. [2022] NZEmpC 49 Butt v Attorney-General [pdf, 184 KB]

   ...contain costs.5 Indemnity costs may be awarded in circumstances where a party has acted vexatiously, frivolously, improperly or unnecessarily in commencing, continuing or defending a proceeding.6 As already noted by the defendants, the Court of Appeal has noted that such circumstances are exceptional and require exceptionally bad behaviour.7 [12] The plaintiffs, in their submissions in reply, have clarified that there is no suggestion that the applications were improper but say that...

4. [2018] NZEnvC 098 Panuku Development Auckland Limited [pdf, 215 KB]

   ...contentious; (e) It will be more efficient in terms of cost and time for all parties and interested persons to have the application referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Council; and (f) Upon the further grounds contained in the affidavit of Matthew William Twose dated 25 June 2018. [3] We have considered earlier decisions of the Environment Court about applicati...

5. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 210 ACR 215/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN SHONA FEAVER Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Hearing: 3 October 2023 Heard at: Christchurch/Ōtautahi App...

6. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [pdf, 424 KB]

   ...had followed a course of conduct with a deliberate and dominant purpose of coercing the employee to resign; or (c) a breach of duty by the employer leads an employee to resign. [51] The third limb from Woolworths was considered by the Court of Appeal in Auckland Electrical Power Board v Auckland Provincial District Local Authorities Offices IUOW Inc.3 In that case the employee was a meter reader who had been bitten by dogs several times while at work. He resigned and claimed his...

7. BORA Passports Amendment Bill [pdf, 298 KB]

   ...becomes apparent that the grounds for cancellation of a travel document on the grounds of national security cannot be established. 18. Under clause 27, the travel document holder (including holders of refugee travel documents) will retain a right of appeal to the High Court against cancellations (ss 28 and 29 of the Act). Notification of the cancellation will be sent to the travel document-holder promptly after it is cancelled, and emergency travel documents may still be issued to peopl...

8. Te Kani - Mangatawa No 9B, No3B, No 2B Block (2020) 201 Waikato Maniapoto MB 168 (201 WMN 168)) [pdf, 359 KB]

   ...Proprietors of Mangakino v Māori Land Court CA 65/99, 16 June 1999. 25 Re Duke of Norfolk’s Settlement Trusts [1982] Ch 61, [1981] 3 All ER 220. 201 Waikato Maniapoto MB 176 [31] In Ngai Tai Ki Tamaki Tribal Trust v Karaka, the Court of Appeal confirmed that the Court has inherent jurisdiction to authorise, either prospectively or retrospectively, remuneration for a trustee.26 [32] I accept that the Māori Land Court may exercise the inherent jurisdiction available t...

9. [2023] NZEmpC 183 Jindal v RKM Smith Enterprises Ltd [pdf, 184 KB]

   ...the property of the person in default be sequestered. [9] Mr Mathews, who appeared for Ms Jindal, concentrated his submissions on having RKM fined pursuant to s 140(6)(d).6 He drew attention to the assessment factors referred to by the Court of Appeal in Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector): the nature of the default (whether it is deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it is ongoing.7 Account also has to be t...

10. [2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd [pdf, 192 KB]

    ...Almond v Read, the Supreme Court noted that the merits will not generally be relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondent has suffered no prejudice (beyond the fact of an appeal).6 [23] While the delay was not the result of a legal adviser’s error, it was the result of Mr Herrett being unable to obtain advice from his existing adviser. The situation is similar enough that the principles are helpful in...