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1. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...security of $10,000, or any other amount the Court considers appropriate. Curiously, the application sought a stay until any security is paid or provided. [12] Essential to Henderson Travels’ application are concerns about Ms Kaur’s financial resources and immigration status. [13] Vyom Sikri, a former director of Henderson Travels, provided affidavits in support of the company’s application and in opposition to Ms Kaur’s application. [14] As well as indicating that Hender...

2. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...have a two-fold purpose: (a) to compensate parties not in default who have truly wasted costs (including disbursements); and (b) to impose a sanction on a defaulting party in an effort to avoid future wastage of costs and of judicial and Court resources and disadvantage to other parties yet to be allocated trials. [10] In Commissioner of Inland Revenue v Livingspace Properties Limited,5 Justice Osborne stated: [14] While Mr Ho emphasises that any wasting of costs was not inten...

3. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...length and is not disputed by the parties. [4] In the original application for the review of trust the appellants also sought removal of the trustees. The application stemmed from the trustees‘ involvement in a scheme to develop the geothermal resource found underneath Whakapoungakau 24 block. This scheme is being undertaken together with companies set up by trustees of two neighbouring blocks. The lower Court explained how the trusts structured their partnership in its judgment...

4. Acoustic (dated 6 June 2017) [pdf, 308 KB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent ACOUSTICS – JOINT WITNESS STATEMENT 6 June 2017 2 Introduction 1. Expert conferencing on acoustics was undertaken between Malcolm Hunt (engaged by Dunedin C...

5. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...documents requested by the Committee on multiple occasions; and [c] A failure to participate in the disciplinary process, including failure to respond to the charges against him, causing the Committee and the Tribunal to expend unnecessary time and resources. [18] Ms Wisniewski advised that Mr Lee’s licence has recently been cancelled on the grounds of his failure to pay annual fees. Accordingly, she submitted, cancellation or suspension of Mr Lee’s salesperson’s licence is...

6. Meulenbroek v Vision Antenna Systems Ltd (Costs) [2015] NZHRRT 3 [pdf, 52 KB]

   ...it follows an award of costs is therefore punitive. The fact remains the evidence produced in support of the “defence” fell well short of satisfying the civil standard of proof. If anything, the small size of Vision’s business, its limited resources and its weak evidence ought to have led to acceptance of the amended Calderbank offer dated 22 August 2014. [15] Next we address the relevance of the fact that Mr Meulenbroek was represented by the Director of Human Rights Proceedings...

7. [2020] NZEnvC 214 Self Family Trust v Auckland Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU IN THE MATTER AND BETWEEN AND AND AND Decision No. [2020] NZEnvC 214 of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 of an appeal under section 156(1) of the Local Government (Auckland Transitional Provisions) Act 201 o SELF FAMILY TRUST (ENV-2016-AKL-000199) Appellant J & FGOCK Section 274 party AUCKLAND...

8. 05-02-2021 Aotearoa New Zealand Fine Wines Estates Ltd evidence [pdf, 880 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of a referral under s 142(2)(b) of the Resource Management Act 1991 BETWEEN OTAGO REGIONAL COUNCIL Applicant AND AOTEAROA NEW ZEALAND FINE WINE ESTATES LIMITED PARTNERSHIP Submitter EVIDENCE IN CHIEF OF NICHOLAS JAMES PAULIN 5 February 2021 Solicitor: HR Bodle, Greymouth...

9. Peng v Tan [2016] NZIACDT 63 (29 September 2016) [pdf, 146 KB]

   ...The evidence they provided is contestable, and potentially inconsistent with what Mr Peng says. However, the issues only go to degree. This complaint is one of a series that the Tribunal has upheld in relation to Mr Tan. In the circumstances, the resources required to resolve this element of the complaint further cannot be justified. It is unlikely to have an effect on any sanctions. [26] Accordingly, the facts regarding notification are as set out above in paragraph [20]. The failure...

10. BORA Families Package (Income Tax and Benefits) Bill [pdf, 211 KB]

    ...Achieving a fair distribution of financial and social assistance to those most in need is a complex social policy matter. Moses J in R (on the application of Hooper) v Secretary of State for Work & Pensioners stated:3 In determining how to target resources to those in need, the legislature is entitled to impose ‘bright line’ rules which are easy to apply and which may not focus with precision on the merits of individual cases… such bright line rules in the context of social an...