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1. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...there is no relevant mistake here postponing commencement of the limitation period. Finally, s 31 appears to relate to equitable remedies and is irrelevant. [21] I have considered FG’s view that s 18(6) of the Disputes Tribunals Act 1988 permits the Tribunal to rule on matters outside the six-year limitation period. That subsection requires me to determine the dispute on its substantial merits and justice having regard to the law. I bear in mind as well that, absent the limi...

2. Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109 (31 TRW 109) [pdf, 154 KB]

   ...Owners agree to give Kataraina Paterson provisional support to go for her occupation order. Ike Campbell as the lessee agrees along with the owners as long as all Council requirements have been adhered to.”(Kataraina to be given 3 months to get permits in order – and provide copies to Māori Trustee/owners. If the above venture and occupation order go through prior to the expiry of the current lease, the current lease to be varied.) 3. A letter dated 20 October 2009 from the l...

3. [2022] NZEmpC 20 Courage v Attorney-General [pdf, 195 KB]

   ...answering the interrogatories centres on both. [14] Relevance extends to any facts the existence or non-existence of which is relevant to the existence or non-existence of the facts directly in issue.9 While fishing via interrogatories is not permitted,10 an interrogatory is not necessarily fishing if the answer may prove irrelevant, so long as the interrogatory is potentially relevant to the subject matter.11 So relevance is not to be approached on a narrow basis. [15] The subj...

4. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

   ...union must act under its registered rules so that its authorisation of a representative must be one that it is able to give pursuant to them. Unions are incorporated societies and their powers as such are limited to those expressly or impliedly permitted by the rules: Laws of New Zealand, Incorporated Societies and Other Associations (2000) at para 5. So, “… if a body with limited powers makes a decision which it has no power to make, the decision is void and of no legal effec...

5. Geary v ACC (Application for Stay of Order) [2013] NZHRRT 37 [pdf, 49 KB]

   ...of appeal lodged in the High Court against a decision of the Tribunal does not operate as a stay of proceedings unless the Tribunal or High Court so orders: (9) [12] Otherwise nothing in the Privacy Act or in the relevant provisions of the HRA permits a stay of proceedings or a stay of enforcement. The Tribunal has no jurisdiction approximating High Court Rules, r 17.29. Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relate...

6. [2023] NZEmpC 108 MGK Homes Ltd v Yoon [pdf, 221 KB]

   ...mortgages, Mr Kang cited A P Proude Contracting Ltd v Power Farming Manawatu Ltd.15 In that decision, the High Court was considering whether security for costs could be provided by way of a third mortgage over property. The Court declined to permit such an arrangement as the margin between the value of the property and the priority sums was deemed to be unacceptably scant.16 In particular, the Court held:17 … the plaintiff’s offer provides insufficient protection for the def...

7. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...is to add value to a property, thus it is not unreasonable to consider it as part of a farming activity. [12] WPDL also submits that because it had the benefit of a resource consent from QLDC in late 2019 that recorded planting some trees was a permitted activity, it was unclear about the application of those rules in the Wakatipu Basin. QLDC response [13] In an email to the court on 26 March 2021, QLDC confirmed that it does 5 not seek costs on the matter.5 Hadleys reply...

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

   ...Building consent [72] The claimants say the Council would not have or were unlikely to have consented to targeted repairs. The claimants rely on Mr Calvert’s 23 evidence where he said it was not possible to categorically state a building permit would be granted for targeted repairs until such time as the Council had seen the application and supporting documents. This is not an accurate summation of this evidence. [73] Mr Calvert, in his evidence gave the best articul...

9. BORA Equal Pay Amendment Bill [pdf, 291 KB]

   ...women and has been historically and/or is currently under-valued; c. enables employees to raise claims relating to sex discrimination in employment; d. sets out the process for resolving a pay equity claim that is simple and accessible; and e. permits the courts or Employment Relations Authority (‘the Authority’) to award an amount of back pay in a pay equity determination. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 8. Section 14...

10. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

    ...maintained, to the satisfaction of the Council. 28. The signs on the facades fronting Ormiston Road must be static, non-reflective and not illuminated. Any external lighting, such as spotlights, used to illuminate the signage must comply with permitted luminance levels as per Table 1 of the Auckland Council Signage Bylaw 2015. The lettering and messages must be in accordance with the “Advertising Signs and Road Safety; Design and Location Guidelines” of New Zealand Transport...