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1. [2015] NZEmpC 150 Burrowes v Commissioner of Police [pdf, 224 KB]

   ...evidence given by witnesses, with percentages based on the numbers of paragraphs or pages devoted to the issue, the fact that only 61 of the 253 documents related to the challenge which succeeded; and that 129 paragraphs of the Court’s judgment addressed the warning whilst 160 paragraphs addressed the dismissal, being 32 per cent of paragraphs in the judgment. Counsel realistically accepts that this is not an exact science; moreover, it focuses only on features of the hearing i...

2. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...obligations or interests as protected or recognised by law to comply with natural justice. Muir stated that the principles of natural justice require Judges (and other judicial officers) to act independently and impartially. [31] Mr O’Brien addressed the three decisions dealing with recusal referred to by Ms Rendle. The first was Nisha where its comments about natural justice and bias were described as obiter and unsupported by authority.20 The second was Owen where the Court...

3. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   STELLAR ELEMENTS NEW ZEALAND LIMITED v ANDREW AMESBURY [2024] NZEmpC 136 [31 July 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 136 EMPC 242/2024 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN STELLAR ELEMENTS NEW ZEALAND LIMITED Plaintiff AND ANDREW AMESBURY Defendant Hearing: 12 July 2024 (Heard at Chr...

4. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI -Ō2NL PROJECT IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 133 IN THE MATTER of a direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Resource Management Act 1991 for the Ōtaki to North of Levin Project BETWEEN NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI (ENV-2023-WLG-000005) Applicant

5. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...owners of the St Pauls Apartments. Accompanying the application was a letter from Parker & Associates requesting that 22 of the 113 owners be added to the representative claim in accordance with ss 26 and 27 of the Weathertight Homes Resolution Services Act. Mr Parker also requested that five former owners be removed as they had sold their units. Purchasers of those units were included in the 22 new owners to be added. [2] The Council, supported by the fifth respondent,...

6. Zhong v Auckland Council [2011] NZWHT Auckland 47 [pdf, 75 KB]

   ...The claimants‟ claims against these respondents were dismissed on 1 July 2011. The claimants oppose both applications for costs. Jurisdiction [2] The Tribunal has jurisdiction under section 91(1) of the Weathertight Homes Resolution Services Act 2006 (the Act) to make an award of costs: 91 Costs of adjudication proceedings (1) The tribunal may determine that costs and expenses must be met by any of the parties to the adjudication (whether those parties are or ar...

7. Director of Proceedings v Radius Residential Care Ltd [2019] NZHRRT 24 [pdf, 268 KB]

   ...exercises its jurisdiction and issues a declaration pursuant to section 54(1)(a) of the Health and Disability Commissioner Act 1994 ("the Act") that the defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996 ("the Code") in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill. 3. In relation to the declaration being sought in p...

8. ENV-2016-CHC-000071 Affidavit of Mr Murray Valentine [pdf, 18 MB]

   ...irrigation when the Upper Waitaki electric power generation infrastructure was established in the 1960s and 1970s. 16 MIC and Meridian made a joint submission to the Water Allocation Board asking that 150,000,000 m3 of water be set aside for "new" irrigation upstream of the Waitaki Dam. The Water Allocation Board agreed to this and the requested volume is incorporated into the 275,000,000 m3 of water allocated to "agriculture and water culture activities" in Table...

9. Hastie and Dredge TRI 2023-100-001 Procedural Order 6 [pdf, 232 KB]

   ...February 2011 at [70]. 5 Auckland Council v Abraham [2015] NZHC 415. 6 Auckland City Council v Unit Owners in Stonemason Apartment 27 Falcon Street, Parnell, above n 1. 7 Saffioti v Jim Stephenson Architect Ltd, above n 2. 5 Society New Zealand Ltd,8 Auckland Council v Weathertight Homes Tribunal,9 Hermann v Weathertight Homes Tribunal,10 and Gwak v Sun.11 [20] The High Court has held that it was not a question of asking whether a respondent was “entirely” prevented f...

10. Tau - Kaiapoi Section 149B (2020) 62 Te Waipounamu MB 169 (62 TWP 169) [pdf, 264 KB]

    62 Te Waipounamu MB 169 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE WAIPOUNAMU In the Māori Land Court of New Zealand Te Waipounamu District A20190007525 WĀHANGA Under Section 289, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Kaiapoi Section 149B WILLIAM TAU Te Kaitono Applicant Nohoanga: Hearings 10 December 2019, 61 Te Waipounamu MB 271-284 3 March 2020, 62 Te Waipounamu MB 128-137 (Heard...