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1. Te Manutukutuku Issue 12 [pdf, 2.6 MB]

   ...TRIBUNAL W H Oliver $19.95 Available from An ideal introduction to the work of the Tribunal, its reports and recommendations. This thematic study covers claims relating to land, water, fishing and cultural rights, access to the nation's resources and participation in decision-making. Daphne Brasell Associates Press PO Box 12-214, Thorndon, Wellington. Tel: 04-471-0601 Fax: 04-471-0489 TRIBUNAL CELEBRATES BIRTHDA Y AND BOO K LAUNCH The Waitangi Tribunal cele­ br...

2. [2009] NZEmpC AC 12/09 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 32 KB]

   ...Appeal for 1½ days with the matter still not being resolved. Very significant legal costs have been incurred. Mr Cranney invited me to conclude that it will be unreasonable to organise the litigation in a manner that will incur further costs and resources to address very substantial factual and legal issues unnecessarily. Counsel submitted that there is no material disadvantage to Spotless by the making of these directions. [15] In opposing severance of issues for preliminary tr...

3. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...groundless litigation, particularly if the proceedings constitute an attempt to relitigate issues already determined. [18] There is a need for the plaintiff to understand she cannot continue litigating with impunity and that her limited financial resources do not make her immune to an award of costs. [19] Ordinarily we would be minded to award the full amount of costs sought ($3,000 plus disbursements). However, taking into account the plaintiff’s status as a beneficiary, we award $...

4. [2019] NZEnvC 020 Segmental Liners Limited v Whangarei District Council [pdf, 2.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: Date: Issued: Decision [2019] NZEnvC 020 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 120 of the Act BE1WEEN SEGMENTAL LINERS LIMITED (ENV-2018-AKL-094) Appellant AND WHANGAREI DISTRICT COUNCIL Respondent Judge JA Smith, sitting alone pursuant to s 279 of the Act J Brabant for Segmental Liners Limited (Appellant) GJ Mathias for Whangarei District Co...

5. Huia-Collective-CIA-FINAL-v2.docx.pdf [pdf, 8.3 MB]

   ...through the Horowhenua in the 1880s it exposed Māori to huge land speculation. In many regards, SH1 has done the same, with the O2NL project extending this impact – it pushes land out of reach for our whanau and places greater strain on our natural resources, environment, infrastructure and also on the collective value of our remaining Māori land. The ability of hapū to participate in significant projects historically has been limited and often the only participation has consisted...

6. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 15th-17th reports [pdf, 41 KB]

   ...with the Crown (arts. 2, 5 and 6). The Committee recommends that the State party consider granting the Waitangi Tribunal legally binding powers to adjudicate Treaty matters. The State party should also provide the Tribunal with increased financial resources. 19. The Committee notes the information provided by the State party on the follow-up given to its decision 1 (66) in relation to the Foreshore and Seabed Act 2004. It remains concerned at the discrepancy between the assessment made...

7. [2014] NZEmpC 73 Carter Holt Harvey Limited v Rodkiss [pdf, 74 KB]

   ...says he would be able to obtain an increase. Further, the various assets which were liquidated in order to reduce his mortgage indicate a positive savings record. Whilst there is always a risk of unforeseen expenditure which could deplete his resources, at this stage the Court must conclude on the available evidence that there would be an ability to repay what is a relatively modest sum if need be. The concern raised by the applicant is not established. (c) The respondent would...

8. Brown v Accident Compensation Corporation (Leave to appeal to the High Court) [2023 NZACC 204] [pdf, 252 KB]

   ...2 O’Neill v Accident Compensation Corporation [2008] NZACC 250 [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: eg. Jackson and Kenyan above. Applicant’s Submissions [4] Mr Hinchcliff records that on 2...

9. QC Ltd (in liquidation) v WD Ltd [2020] NZDT 1326 (4 August 2020) [pdf, 213 KB]

   ...belief that it should pay the account as it was presented by Mr Q. 13. As is explained above, WDL has made an error in doing so. However, as WDL pointed out, it acted without intent to prejudice QCL. WDL is a small company with limited cash resources. It pointed out that QCL has significant debts, and a failure to recover this sum would not be unduly prejudicial in the scheme of the liquidation as a whole. 14. Whilst I accept the hardship that this liability creates for WDL,...

10. Marshall v IDEA Services Ltd (Costs) [2021] NZHRRT 28 [pdf, 141 KB]

    ...make the point that it is a charitable and not- for-profit organisation which receives funding from the Crown as well as revenue from fundraising and donations. Defending these claims has resulted in the diversion of a significant amount of time and resource over a number of years away from its core objective relating to the provision of disability services and advocacy and support for people with disabilities. [18] We have found that from the outset IDEA Services has been a responsible...