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1. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...construed or interpreted and applied to the facts is a question of law …; [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 19 May 2022 [20] Judge McGuire noted that while the issue on...

2. [2015] NZSSAA 007, 13 February [pdf, 44 KB]

   ...matter. (c) No list could ever be exhaustive but the indicia include the extent to which there is a sharing of one dwelling as each party's principal place of residence, emotional dependence and support, the pooling of labour and financial resources, the sharing of household activities, the provision of domestic services, the provision of financial assistance, the sharing of one bedroom, the sharing of a sexual relationship, the sharing of companionship, leisure and social activ...

3. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...Committee’s findings was not ‘real estate agency’ work as defined by the Act. He denies any conflict of interest. Mr Ks evidence: [11] Mr Ks evidence is that it was impossible to progress the development when Mr N was not helping by completing the resource consent and working with E Construction to finalise the draft estimate of costs. [12] Mr K details in his Brief of Evidence the steps he took to find a purchaser. He said however that because the construction costs and re...

4. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...first year in Auckland. If she was unable to meet her outgoings she ought to have sought cheaper accommodation. In fact, the appellant has purchased four homes and sold three in Auckland in the nine years from 2005 to 2015. The additional financial resources available to her were used to purchase a lifestyle not available to most beneficiaries. [13] The appellant misled the Ministry about her circumstances, including her financial circumstances over a significant period. Moreover, th...

5. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...building block of the criminal justice process and a basic safeguard of civil liberty in our legal system. The fundamental purpose of the double jeopardy rule is to protect individuals against the excessive use of state power: the state, with all its resources and powers, should not be allowed to continually subject an individual to repressive and repeated prosecutions by the state. A citizen, once tried, is entitled to the comfort of knowing that once acquitted of an offence that is th...

6. [2022] NZEnvC 165 Wilson Parking Limited v Christchurch City Council [pdf, 4.9 MB]

   WILSON PARKING LIMITED v CCC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 165 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN WILSON PARKING LIMITED (ENV-2022-CHC-18) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order:...

7. Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) [pdf, 298 KB]

   ...owners, with a view to bringing alive the papakāinga and the marae. However, there was no support from the owners and trustees and it was argued that they saw the proposal as an impediment to their own plans. Te Poroa Malcolm subsequently obtained resource consent from the Rotorua District Council for a two-house proposal on the papakāinga area in 2011. [8] The trustees submit that two trustees have worked diligently for many years to consult with and seek agreement among all ow...

8. Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229) [pdf, 106 KB]

   ...represented at the hearing by John Verry. Mr Verry confirmed that the Council supported the injunction being granted against Mr Pere. He noted that a Notice to Fix under ss 164 and 165 of the Building Act 2004 and an Abatement Notice under s 322 of the Resource Management Act 1991 had been issued to Mr Pere, the Incorporation, Steven Samuels and the “Ngāti Kura Māori Incorporation” requiring the Portacom and other buildings occupied by Mr Pere and his family to be removed fr...

9. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...the Trust and its activities is likely to be unparalleled. It ·would be counter productive if that background v/as "\-vasted. :f-Ar IvicIvIillan has undoubted skills in project Inanagernent, networking, public relations and in the securing of resources. It is likely to be in the interests of the Beneficiaries that the activities he has guided frOTH a funding notwithstanding the injunction. Mr Taueki is cast from a different mould. From my observations he is a forthright and at tim...

10. Henderson v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 89 [pdf, 271 KB]

    ...(CA); Edwards & Bairstow [1995] 3 All ER 48, 57 (sic) [1955] 3 All ER 48 [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law e.g., Jackson and Kenyon above. [30] The Courts have been careful to ensure that scarce jud...