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1. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...substance of the communication in evidence. At that point an abuse of the privilege exists. The claimant cannot have the benefit of reliance upon the substance of the advice and still seek to shield that advice from disclosure to the other side. To permit this would give rise to unfairness in the required sense, in that the party’s conduct would be offensive to the trial process. [21] Mr Roest’s statements perhaps rest upon the cusp of the distinction which Pankhurst J made be...

2. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...vulnerability, the balancing exercise is struck soundly in favour of disclosure of all of the plaintiff’s personal information contained within the Transcript. 12 Police also rejected the Privacy Commissioner’s alternative suggestion that Police permit the plaintiff to view the Transcript. 14 [75] Finally Ms Dew KC confirmed that there is no risk that the plaintiff would put the Transcript into the public arena and that the plaintiff is willing to give undertakings or abi...

3. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...DC by the family Court during the course of the COCA proceedings. [142] On no account could it be said that the criticisms were minor. [143] In the costs decision, the judge indicated that he would have awarded costs against Ms DC if the law permitted him to do so, on the basis that by her inaction she caused a formal proof hearing to be abandoned. 34 [Family Court Decision 2]. 35 At [2]. 24 [144] In the same judge’s Minut...

4. O'Connell & Anor v Auckland Council & Ors [2013] NZWHT Auckland 7 [pdf, 294 KB]

   ...Cartwright engaged by the O’Connells, Simon Paykel, engaged by the Council, Noel Jellyman, engaged by Mr French and Mr Young, the assessor. [27] I address each of the leak locations and conclude in each case whether such a leak location has permitted water to penetrate and cause damage requiring remediation. Defect One - Gaps in the PVC drip edge to perimeter of roof sarking board [28] The experts agreed that the PVC preformed drip edge corner is generally formed...

5. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...into the agreements and had authority from Mr Smith. [31] Mr McMenamin also submitted that the Committee erred in saying that trustees must act unanimously. He referred to s 38 of the Trusts Act 2019 (in force as from 30 January 2021), which permits modification or exclusion of the unanimity requirement by express or implied terms of the relevant trust deed. He submitted that this codifies the prevailing common law principle, and that without knowing the provisions of the trust...

6. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...supported by tangata whenua including Ngā Hapū o Poutama and whānau and hapū affiliating primarily with Ngāti Maniapoto and Tainui waka.48 Te Rūnanga o Ngāti Tama opposed the application on the basis that it would set an unintended precedent permitting “non-tangata whenua” to create a large Māori reservation in areas that traditionally fall within the domain of other iwi, in this instance Ngāti Tama. Such groups could then act contrary to the wishes of tangata whenua...

7. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

   ...remedies: (a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint: (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: (c) damages in accordance with sections 92M to 92O: (d) an order that the defendant perfo...

8. Waitangi Tribunal - Ngāpuhi Mandate Inquiry report [pdf, 905 KB]

   ...situation, including (but not confined to) : ▶ its erroneous application of the ‘large natural groups’ policy to the whole of Ngāpuhi when a more flexible approach is required, especially when other smaller and less diverse iwi have been permitted to organise themselves on re- gional lines and provide mandates for their negotiation of Treaty claims ; ▶ a series of funding decisions which unfairly assisted the Tūhoronuku IMA to gain its mandate, predetermining that result ;...

9. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   ...his own methodology and/or following any methodology that the Court could view as a scientific methodology … [82] Ultimately the Appeal Court said this: We therefore remand this case to the trial Judge to consider whether Dr Bremner should be permitted to testify as an expert on general causation, without reference to the PET study. [83] Mr Hawes-Gandar submits that Drs Law, Tatley and Daniels all arrive at reasonable conclusions and that it is Dr Tatley’s role in drug safety/p...

10. [2024] NZEnvC 051 Hamilton City Council v Waikato District Council [pdf, 735 KB]

    ...Regional Policy Statement and National Policy Statement on Urban Development; c. The development does not constitute an integrated, sustainable, or planned or an efficient use of land; d. Lack of clarity as to exactly what types of activities are permitted to establish; e. Omission of effects on compact urban form and cross-boundary effects in respect of Hamilton City from the matters of discretion; f. Potential for significant adverse effects on Hamilton’s transport networks an...