Ministry of Justice

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1. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...of the above sales included a number of conditions addressing the fact that the apartments were being sold off the plans: for example as to titles being issued and transferred, the vendor obtaining all necessary resource consent, approvals and permits, and the vendor’s ability to make variations or alterations to the units and accessory units. [5] A Code Compliance Certificate for the apartment building was issued by Christchurch City Council on 14 September 2016. [6] Included i...

2. Gibbs-Smith - Te Tii (Waitangi) A Māori Reservation (2015) 104 Taitokerau MB 193 (104 TTK 193) - (PDF, 225 KB) [pdf, 224 KB]

   ...deadlock to the taumata? Second, was it appropriate for Mr Dargaville to be involved in the resolution of the deadlock given that he is the partner of Ms Taurua? [42] Turning to the first issue, the starting point is that the law in general does not permit a trustee to delegate his or her job. Trustees have a duty to act personally. 2 [43] Regulation 17 of the Regulations provides guidance on the appointment of trustees to executive positions, r 17(c) to (h) being of particular...

3. Environment Court annual report 2002 [pdf, 139 KB]

   ...application of strategies to the types of cases they frequently encounter, and training to enhance their ADR skills in an overall sense. 7. CONFERENCES AND MEETINGS This year the Court held a number of regular, and more specialised meetings. This permitted Judges, Commissioners and registry staff alike, to focus on specific issues including case management and mediation. Principal Environment Judge Allin presented a keynote address at the Australia-New Zea- land Planning Congress, held...

4. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...The scale of the access works may be relevant to the landscape and amenity assessment. (There may be other effects). It is my understanding that the effects of the works can be taken into consideration even though they are on road reserve and/or permitted under the District Plan. As discussed, in Beadle v Minister of Corrections3 Judge Sheppard considered case law addressing the consequential effects of granting a resource consent. The principles distilled from the case law include:...

5. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...litigants such as Ms Mackrell, and it was made by the Tribunal here. But lay litigants, like litigants who are professionally represented, are required to comply with the pleading rules and procedures of Tribunals and Courts. They are not to be permitted to file incomprehensive claims, because that only visits prejudice and injustice upon the respondent, not to mention enormous inconvenience to the Court or Tribunal. Mr Dean’s claim in relation to prejudice or delay [25] Mr Dean’...

6. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...amended the costs schedule contained in Sch 3 of the Rules to include “preparation for and attendance at a pre-trial conference.” In the more recent case of Scandle v Far North District Council 9 the High Court noted that the costs schedule permitted costs to be sought for attendance at a judicial settlement conference and made an order that the first defendant was entitled to costs for the day spent at the conference. Similarly, in Roading & Asphalt Ltd v South Waikato Dis...

7. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...failing to provide reports and other necessary information; (a) the Trust has been in place for approximately 19 years but has not provided any tangible benefit to the beneficial owners; and (a) accordingly, there was no reason why the Trust should be permitted to exist any longer. Mr Takarangi submitted that the Trust was in effect dysfunctional and was an impediment to the utilisation and development of the Land for the benefit of the owners. In his submission, given the failure of...

8. Waxman v Pal [2016] NZHRRT 28 [pdf, 71 KB]

   ...calls made by Dr Waxman while at the Panmure surgery. By these means Dr Pal intended demonstrating the dismissal was justified and that no award in favour of Dr Waxman should be made. Unfortunately for Dr Pal the appeal was dismissed as the limited permitted grounds of appeal to the District Court from the Disputes Tribunal do not allow a re-litigation of the evidence. [9] Be that as it may, the significant point for present purposes is that Dr Waxman was served with the appeal papers...

9. [2023] NZEmpC 71 Straayer v Employment Relations Authority [pdf, 228 KB]

   ...http://www.employment.govt.nz/ review provisions could not be cleared and the proceedings were struck out.7 Whether that may be regarded as a procedural circumstance or a substantive one, the fact is if the Court does not have jurisdiction, it is not permitted to assess any perceived merits. The Court did not purport to do so. This consideration has to be placed to one side. [23] I conclude that in this case costs should follow the event and that, subject to the points I a...

10. Reekie v Attorney-General (for Department of Corrections) [2022] NZHRRT 20 [pdf, 229 KB]

    ...to respond within the time limit fixed by s 40(1) and for failing to provide the documents without undue delay. The reference in s 66(2)(b) to “proper basis” is a cross- reference to s 30 of the Act which states that no reason other than those permitted by ss 27 to 29 can justify a refusal to disclose information requested pursuant to IPP 6. [51] Corrections have submitted that the delay may have arisen given the high number of complaints and information privacy requests made by Mr...