Ministry of Justice

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1. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...& Ors: 4 “As established in Henderson v Henderson if a point ought properly to have been put before a Court which is the subject of litigation, a party may not subsequently at a later date re-open old wounds to raise a matter. To permit such a course would be contrary to the principle of finality in litigation.” 10 The same principle is applied in the Australian Courts, referred to as “Anshun estoppel”. A recent statement of the “Anshun principle” was set...

2. Alloa v Ullapool LCRO 159/09 (22 June 2010) [pdf, 162 KB]

   ...continued, and with reference to the deck (paragraph 3 of the 21 October letter) he stated his client had seen the latest plans, which appeared to show a larger structure and noted it would be for the Council to determine whether the design was a permitted activity. In paragraph 4 the Practitioner stated, on a ‘without prejudice’ basis, that his clients were prepared to agree to the original deck design with certain provisos. He then states: “not only will this save you consid...

3. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...failure of being of acceptable quality was a substantial one. 15. NJ acknowledged they would not accept products with holes in them, as this would damage their reputation, but his issue was that the curtains were not returned within the 48-hour time permitted for his company to rectify the problem for free with their workshop, or with logistics partners, should it be a delivery damage issue. 16. I find the lack of acceptable quality of the curtains was a failure of a substantial chara...

4. Doney - Lot 2 DP 29547 (2017) 145 Taitokerau MB 4 (145 TTK 4) [pdf, 200 KB]

   ...and ahi kaa and that in accordance with tikanga their rights equate to ownership… …te tiriti o waitangi 1840 “…the full exclusive undisturbed possession of their land…” he wakaputanga ote rangatiratanga o niu tirani 1835 “we do not permit any other legislative authority…” [sic] [21] Mr Hetaraka filed statements of claim concerning the customary land application on 18 December 2016, and then on 16 January 2017. Mr Hetaraka prepared and filed these statements of c...

5. Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (2012) 295 Aotea MB 6 (295 AOT 6) [pdf, 230 KB]

   ...was dismissed and subsequently Mr Livingston sought a review of the trust. [2] Mr Livingston’s review application now seeks a variation to the current trust order, either preventing the trustees from using 1080 on trust land or alternatively, permitting the owners of individual blocks the ability to seek a termination of trust over their lands. [3] In addition, Mr Livingston argues that the eradication of possums is not a primary concern for owners and managers of commercial fores...

6. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [pdf, 357 KB]

   IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2020] NZIACDT 46 Reference No: IACDT 010/19 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN ZG Complainant AND DAMON PARKER Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 19 October 2020

7. [2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott [pdf, 225 KB]

   ...or anticipated proceeding. (2) The court may make an order (a search order), in a proceeding or before a proceeding commences, with or without notice to the respondent, to— (a) secure or preserve evidence; and (b) require a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence. 1 As required under Employment Court Regulations 2000, reg 6(2)(ii). (3) Form G 39 must be...

8. 2021-03-01 ORC - MOC - PC7 - expert conferencing [pdf, 130 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

9. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...she secures legal aid. [44] As previously referred to, there is no indication as to why Miss Lawson’s medical conditions would have prevented her from filing with the Tribunal within time or as to the extra support required. The Tribunal has permitted Mr Boyd to assist her throughout and has given Miss Lawson considerable time to progress instructing counsel. While Miss Lawson says the Tribunal has not accepted her right to have legal representation and has set “unfair deadlines�...

10. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

    ...parties of a hearing over four days must surely have exceeded the amounts that could realistically have been in issue. [3] This case is unusual, both for a civil proceeding and in this jurisdiction, because the defendant put up a witness and was then permitted to cross-examine her on the basis that she had been declared hostile. That witness was Karen Schneller. A similar situation was reached in the Employment Relations Authority with regard to Karen Schneller’s evidence althou...