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1. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

   ...interest in their home which was being transferred to the trust as its only asset; (c) Both failures could have had dire consequences such as the settlors being forced to take court action to have a home to live in; (d) The trust deed as drawn permitted C to take sole control of the trust’s single asset following the death of J, such that C could depart from the wishes of B and J following their deaths; (e) The failure of the respondent to be as careful as she should have been...

2. [2018] NZEnvC 092 Wallace Group Limited v Auckland Council [pdf, 5.5 MB]

   ...under a set of consents granted under the Legacy Plan which had interface controls that could be fairly characterised as more protective of residential amenity than the replacement PAUP controls. That is particularly the case for its specified permitted activity height limits and yard controls.21 Consistent with that, the yet-to-be-exercised land use consent for the Site imposed various controls on the authorised land uses (including light industry) that would help to maintain the p...

3. Human-Rights-Commission-R-v-Lincolnshire-Coroner.pdf [pdf, 123 KB]

   ...would be able to surmount the practical problems identified in ex parte Peach, and in any event that case was concerned with a quite different issue. In ex parte Doody the House of Lords ruled that if a prisoner sentenced to life imprisonment was now permitted to make submissions to the Secretary of State as to the length of the tariff part of his sentence, procedural fairness required that he should know the gist of the other submissions which were being made so that he might have the opportu...

4. BORA Judicature Modernisation Bill [pdf, 321 KB]

   ...New Zealand society than its historical association with Christianity. Second, it would not be workable to construct a rule that has the effect of treating all members of religions equally, other than to remove the provision altogether, thereby permitting documents to be served on all seven days of the week. 44.As service can be intrusive on privacy, we consider cl 177 to be less disadvantageous to all, including members of religions with religiously significant days other than...

5. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...on 16 November, that they were fully aware of Orders likely to be made and were taking steps to implement them even then. 4 (ii) Limit the provision of tables and chairs in that outdoor dining area to seat no more than 40 patrons, with none permitted to stand to eat or drink, except for those attending a wedding ceremony to the extent provided for in [10] (iii) below. The 40-patron seating area to be clearly marked off and sign-posted generally describing the limitations in this...

6. [2013] NZEmpC 135 Catering Masters NZ Ltd v Anand [pdf, 81 KB]

   ...work visa. Mr Anand did organise his work visa and commenced work with Catering Masters on 29 August 2011 (although he undertook training from 19 July 2011). [4] There is a dispute about the extent to which Mr Gounder assisted with the work permit process, and the expenses that were incurred in this regard. I return to this issue later. [5] On 5 September 2011 Mr Anand assisted Mr Gounder moving equipment into a newly renovated kitchen. He did not work the following day. Mr...

7. Ferris v Brown - Nuhiti Q Inc (2023) 117 Tairawhiti MB 216 (117 TRW 216) [pdf, 274 KB]

   ...the Court granting injunctions in respect of General land under section 19(1)(b) have been identified. It would be incongruous and a significant extension of the Court’s powers, which relate almost exclusively to Maori land, if section 19(1)(b) permitted injunctions in respect of General land. In addition in terms of jurisdiction, section 19(1)(b) [requires three further] elements which are not present in the Applications or established by the material filed in support of the Appl...

8. Rickard - Te Araroa Māori Township Sections 14, 15, 23 (2001) 61 Ruatōria MB 245 (61 RUA 245) [pdf, 462 KB]

   ...administration and utilisation. That being the case it is possible to describe this partition proposal as essential rather than simply desirable or expedient. In addition, there is evidence that the local authority may be prepared to grant a building permit. I appreciate that partition is a very serious matter that in the normal case can undermine the principle of retention pervading Te Ture Whenua Maori Act 1993 reflected in the Preamble and sections 2 and 17/93. However, the applicant...

9. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...Cleary submitted that that case can be distinguished on the grounds that the defendant company was in liquidation whereas there is no evidence in the present case that Literacy Training is insolvent. Discussion [18] Clause 19 of sch 3 to the Act permits the Court to award costs but the Court has no jurisdiction to make costs orders against non-parties. Section 221 of the Act gives the Court jurisdiction to join a party to proceedings in order to enable the Court to more effectiv...

10. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

    ...claims for trespass and damages. He says that his nieces and his brother have threatened damages to the communal facilities and continue to trespass over Lot C. The occupiers of Lot C deny the claims and in effect counterclaim that Rex Carroll has permitted a nephew to move a caravan on to the land straddling both Lots D and C and has refused to take steps at the request of the occupiers of Lot C to remove the caravan from their site. [8] The issue for determination is whether or...