New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

De minimis

  • 11 Nov 2020

    SMITH v SMITH [2020] NZCA 556

    Citation
    [2020] NZCA 556
    Court
    Court of Appeal

    The Court of Appeal dismissed the appeals: the High Court judge correctly found the restraining order was not sufficiently clear and unambiguous to support contempt findings for transactions 5–30, and transactions 33, 35 and 36 were not proven beyond reasonable doubt (alternatively de minimis or estoppel applied); certain transactions (including the Macquarie transfer) were contempt but at the low end and a formal warning (no fine) was appropriate; costs were properly addressed by the High Court and appeal costs awarded to respondent.

  • 19 Apr 2007

    REA V WELLINGTON CITY COUNCIL AND ANOR HC WN CIV-2007-485-0162

    Citation
    openlaw-cdd8f1e8_7917_41c6_9c52_f51ee502f8e3.pdf
    Court
    High Court

    The Council's decision to treat the application as non-notified and to give no notice to the plaintiff was unlawful and is quashed because the Council did not have sufficient evidence to be satisfied under s 93 that adverse effects would be minor and erred in concluding under s 94 that the plaintiff would not be adversely affected (the material failed to address sunlight/shading, bulk and dominance, traffic and noise adequately); the matter must be reconsidered and the plaintiff must be treated as potentially adversely affected for purposes of s 94 if the Council again seeks non-notified proc…