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1. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...land, to be Council road reserve. 3. The movement of the boundaries is substantially more than the estimated accuracy of 1 metre. In fact [they] have moved apparently at least 50 metres. 4. The Council‟s intention to use Section 330 of the Resource Management Act 1991 Emergency Powers is without grounds; as there is no critical need for a new road formation, nor are there likely to be any adverse effects on the environment which requires immediately preventative or remedial...

2. Te Manutukutuku Issue 2 [pdf, 2.9 MB]

   ...of the Crown to ensure Ngai Tahu were left with a sufficient endowment for their own present and future needs has impacted detrimentally on the economic circumstances of Ngai Tahu. It also has resulted in the denial of access to traditional food resources.' 'The Tribunal will deal fully with breach of Treaty prin­ ciples in its report but the evidence presented to this Tribunal throughout this inquiry and acknowledged by the Crown is so cogent and clear that the Tribunal wou...

3. [2022] NZEmpC 117 QDY v Counties Manukau District Health Board [pdf, 230 KB]

   ...or lead to an immediate outcome. The test in s 178(2)(b) is not, however, binary; each case will need to be considered in context to 29 Waikato District Health Board v Archibald [2017] NZEmpC 132, [2017] ERNZ 791 at [39]–[42]. 30 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. 31 Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721 at [20]. determine whether the level of urgency involved in the case, and the nature of the...

4. NZBORA-Advice-Fair-Digital-News-Bargaining-Bill-for-publication.pdf [pdf, 203 KB]

   ...justify any non-compliance. While the maximum financial penalties for strict liability offences in the Bill are significantly higher than those typically associated with strict liability offences, substantial penalties may be necessary to dissuade well-resourced parties from contravening their statutory obligations. A court retains the discretion to impose a lower penalty where to do so would be proportionate in the circumstances. Section 27(3) – Right to civil litigation 26. Sectio...

5. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...real estate agent 22. BM and IM claimed MI Ltd failed to review documents sent by their real estate agent before advising them about the purchase of the section. These documents included a geotechnical report as well as a report about a possible resource consent application for land use. They said this amounted to a failure of reasonable care and skill. 23. At the hearing IM said MI Ltd should have received the documents from the real estate agent on 8 December 2019, prior to the co...

6. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...Mr Morris conceded that the practitioner’s field of practice was in an area of law requiring strong advocacy for vulnerable clients and that there were a limited number of lawyers working in this area. He accepted that diminishing those legal resources for the public was clearly a factor for the Tribunal to consider. He also accepted the glowing references provided by the practitioner, particularly from one senior counsel. [14] In distinguishing the decision of Sorensen4 which h...

7. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...the s 61 application was essentially re-litigating the same point made in the earlier failed processes. Mr Singh was, by the time he made the s 61 application, presenting himself as someone abusively wasting Immigration New Zealand’s time and resources. The Tribunal found that Mr Golian’s strategy had been costly to Mr Singh, in terms of both the professional fees paid and his immigration prospects. [13] According to the Tribunal’s decision, no competent licensed immigration a...

8. Wainui v Wainui - Part 1 Deposited Plan 3413 (2024) 127 Tairawhiti MB 150 (127 TRW 150) [pdf, 283 KB]

   ...justice of the case, in light of the kaupapa and principles of the Act. [38] Coincidentally, Hiha v Reti also related to the aftermath of Cyclone Gabrielle, decisions on future use and development of Maori land, as well as use of recovery funds and resources. Kōrerorero Discussion He pātai Motuhake hei whakawā?- Is there a serious question to be tried? [39] The s 238 application makes a number of allegations that the trustees of the Tipene and Sarah Wainui Whānau Trust, and...

9. Bevan-Smith v One New Zealand Group Ltd (Strike Out) [2024] NZHRRT 48 [pdf, 583 KB]

   ...discretion to strike out the claim. Dr Bevan-Smith could have filed his evidence and avoided this claim being struck out, but he chose not to do so. One NZ should not be put to any further cost of defending this matter, nor should any further Tribunal resources be expended on this matter. [44] In light of these factors, the Tribunal considers it wholly appropriate to exercise its discretion to strike out the claim. [45] No issues of costs arise, these are not sought by the defendant. ORDER...

10. [2024] NZEnvC 239 Christchurch International Airport Limited v Selwyn District Council [pdf, 342 KB]

    CIAL v SDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 239 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED (ENV-2023-CHC-120) Appellant AND SELWYN DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchur...