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1. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...house as claimed, but did come and stay for periods of time with the children; 3 55 Taitokerau MB 187 (44 TTK 187). 2016 Chief Judge’s MB 231 (e) The applicant lived at numerous other addresses during the time periods claimed for – he counted 11 in total in Mangawhai. These did not include addresses where she lived outside Kaitaia; (f) They had an “on and off” relationship but never lived together in a de facto...

2. Transcript of speeches KG Smith [doc, 91 KB]

   ...willingly made this facility available for our sitting today. The first part of today’s ceremonial sitting will be the formal taking of the oaths of office by the new Judge, to be witnessed by me and by Chief Judge Doogue. We will then hear a number of addresses by representatives of the various participants in employment law, with the new Judge having the final right of reply. Following the adjournment of the Court, you will all be very cordially invited to an afternoon tea in Courtroom 2...

3. [2023] NZEnvC 003 Judgeford Environmental Society Incorporated v Wellington Regional Council [pdf, 1.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2023] NZEnvC 003 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN JUDGEFORD ENVIRONMENTAL PROTECTION SOCIETY INC AND AND (ENV-2022-WLG-00003 7) Appellant GREATER WELLINGTON REGIONAL COUNCIL and PORIRUA CITY COUNCIL Respondents WILLOWBANK TRUSTEE LTD Applicant Court: Environment Judge B P Dwyer sitting alone under s 279 of the

4. Proactive release – Additional name suppression proposals for the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill [pdf, 518 KB]

   ...sections and requiring the court to take into account any views of the complainant in respect of publication of identifying details of the accused or convicted, or the complainant, as relevant. 12 The Bill also amends section 203 to provide for a new, detailed process for applying to lift name suppression, to be set out in the Criminal Procedure Rules 2012. Rates of sexual offending are high, but reporting and convictions are low 13 Each year, around 80,000 adults in New Zealand exper...

5. Brooks v CAC 20002 & Anor [2013] NZREADT 112 [pdf, 138 KB]

   ...Clovelly Road, Bucklands Beach in March 2011. The licensee was the listing agent responsible for selling the property on behalf of the vendor. Some time following settlement of the sale and purchase agreement, the appellant discovered that a proposed new two level home would be built very close to the appellant’s western boundary and largely obstruct the appellant’s sea views. [8] The appellant alleged to the Committee that the licensee: [a] Had offered to ask the neighbour in fr...

6. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...duress when she signed the settlement agreement? (b) Was the settlement agreement illegal? (c) Was the settlement agreement between Dr Sawyer and her employer? (d) Did Mr Miller have delegated authority to sign? [22] Each of those issues will be addressed below. (a) Coercion, mistake or duress? [23] Dr Sawyer’s case about the enforceability of the settlement agreement was introduced by her counsel, Mr Smith, as relying on coercion, mistake and duress; however, the submission...

7. [2008] NZEmpC AC 8/08 Taylor & Anor v von Tunzelman [pdf, 39 KB]

   ...consider, an open and shut case in the sense that the Court should move immediately to enforce the Authority’s directions against Mr Taylor. The first plaintiff has a right of challenge and it is only the nature and extent of that which can address his conduct in the Authority: that right of challenge cannot be abrogated. [22] There is always a difficulty in cases such as this where a lesser hearing than a full de novo might be in issue. What evidence will be permitted to be cal...

8. Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73) [pdf, 202 KB]

   ...as to whether the Court has jurisdiction to award costs in relation to a s 67 judicial conference. Those submissions have now been received. Background [5] On 14 July 2014 Mr Emery filed an application requesting a judicial conference to address matters raised between him the Trust. Those matters relate to land that was formerly the site of Rangatahi College in Murupara. The college was closed on 27 January 2013. [6] The judicial conference, requested by Mr Emery, was held...

9. Gwak and Kim TRI-2020-100-006 Procedural Order 11 [pdf, 196 KB]

   ...means they are deprived of a respondent in circumstances where, had the North Shore City Council (now the Auckland Council) issued the CCC negligently, they could have advanced claims against that entity. [25] Procedural Order 1 specifically addressed the joinder of further parties at paragraph [11]. Joinder was discussed at the Preliminary Conference. Procedural Order 1 set a timetable for the joinder of further parties. [26] The Chair’s Directions, which the claimants had,...

10. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

    ...Reference No: IACDT 031/17 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN IMMIGRATION NEW ZEALAND (DARREN CALDER) Complainant AND QING TIAN Adviser DECISION (Sanctions) Dated 27 August 2019 REPRESENTATION: Registrar: M Denyer, counsel Complainant: G La Hood, counsel