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1. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...acting for the vendor. Land covenants issue [17] The Committee noted that the land covenants that had been registered against the titles to the lots in the subdivision, except Lot 11 retained by the vendor: (a) Concerned the type of dwelling permitted to be built on the subdivision lots; and (b) Did not contain covenants designed to protect the views from the lots. [18] The Committee disagreed with Mr HJ’s submissions that because he had not been consulted by Mr and Mrs BL...

2. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...cases have pointed out, the statutory consequence of mandatory reporting of a teacher’s resignation or dismissal in such circumstances, with the potential consequences of deregistration, will also be a factor in determining whether it is just to permit the grievance to be examined on its merits. [47] The Board’s strongest argument against doing so is what it claims was the agreement entered into between the parties on 5 and 6 October 2010 that in return for resigning and receivi...

3. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...the effects of climate change, and the benefits to be derived from the use and development of renewable energy. New Zealand’s highest Court, the Supreme Court, has held by majority that consent authorities including the Environment Court are not permitted in decision making, to take account of the effects on climate change, of burning fossil fuels; instead that activity is to be controlled or regulated under other legislation. 2 The nature of the cases before the Environment Court...

4. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...final submissions. [23] Mr MacRae for McCallum Bros then advised the Court that they intended to file an application for strike out in respect of the MKCT evidence and as a party on the basis that they were a trade competitor. 14 Coastal permits: ARC28165, ARC28172, ARC28173 and ARC28174 15 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130; McCallum Bros Limited v Auckland Council [2023] NZEnvC 138. 16 The Court received notice that the mid-shore appeal would be withd...

5. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...matter or thing (each an “Action”) of the Vendor, the Purchaser or any independent expert under or in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). Q Ltd shall, to the maximum extent permitted by law, have no liability for any Action of Q Ltd in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). (b) Q Ltd is not in any circumstances liable to the Vendor, the...

6. [2024] NZEnvC 253 Karmarkar v Auckland Council [pdf, 263 KB]

   ...one or more communal living areas, including kitchens. 7 Karmarkar v Pendem and others [2018] NZHC 693 at [32]. 9 This definition is nested within the Residential nesting table. [30] Student accommodation appears to be provided for as a permitted activity in the Special Purpose – Tertiary Education zone (rule H30.4.1(A4)) but not in other zones under the AUP. [31] The use and application of nesting tables is set out at sections J1.1.2 and J1.1.2. The Residential nesting...

7. [2009] NZEmpC WC 5/09 McCain Foods (NZ) Ltd v Services and Food Workers Union [pdf, 68 KB]

   ...and make non- binding recommendations for the settlement of matters in dispute between them. [61] Interpreting the part of the Act as a whole and reinforced by the background legislative material, I determine that Parliament intended to permit referrals to facilitation in circumstances where parties have “serious difficulties” in concluding a collective agreement. Section 50A, although expressed as being a purpose section, sets the standard and the reference to “diff...

8. Humphries v CAC 10070 & Anor [2013] NZREADT 103 [pdf, 176 KB]

   ...amounts to a breach of the Act, regulations, or rules. [50] Mr Hodge submitted that once a Committee has concluded that a licensee’s conduct amounts to unsatisfactory conduct, it must make a finding accordingly. He puts it that s.80(2) does not permit a Committee which has conducted an inquiry and a hearing on the papers, and concluded that a licensee’s conduct falls within one or more of the four tests set out in s.72 and therefore is unsatisfactory conduct, to decide that, notwi...

9. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

   ...alignment with the New Zealand appeals process. 8 Further work is required to recommend a test for referral to the courts 52. Legislation to establish the CCRC will need to specify the ground or grounds on which referral to the court is permitted. We have not yet reached a view on the appropriate test, though we have identified a number of options including: 52.1. where there is a ‘real possibility’ that a conviction or sentence will be set aside (per UK CCRC) 52.2. if...

10. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

    ...review by the Trustees, the beneficial owners and at the latters' request, by the Court. Concerns have been raised about the perception that conflicts of interest might arise without proper safeguards. It is also arguable that the practice of permitting what are in effect, potentially life long appointments may not be consistent with recognised best practice in a corporate governance context. Forceful submissions were made by beneficial owners and their representatives that many able...