New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Exemptions

Legal area

Court

11 Oct 2011

AUCKLAND COOPERATIVE TAXI SOCIETY LTD V NEW ZEALAND TRANSPORT AGENCY HC AK CIV-2011-404-4797

Citation

openlaw-45c1c6f8_63eb_4f86_a5ff_67ce46b0fb15.pdf
Court

High Court

The Society failed to act promptly to comply with the statutory camera requirement and did not establish unforeseen circumstances justifying indulgence; the interim orders were granted to prevent serious inconvenience rather than on the merits; accordingly the usual principle applies that the discontinuing party contribute to the other party's costs, and the respondent is awarded costs on a Category 2B basis.
19 Dec 2007

THE RETIREMENT VILLAGES ASSOCIATION OF NEW ZEALAND INCORPORATED V THE MINISTER FOR BUILDING AND CONSTRUCTION HC WN CIV-2007-485-2139

Citation

openlaw-e15d6e5d_a7ac_46a4_a5d9_49efc245ca04.pdf
Court

High Court

The Court interpreted the Act as authorising a code that applies to existing occupation right agreements (relying on s92(2)(b), the Act's consistent use of 'residents' and 'intending residents', the one year transitional period and the disputes mechanism), but held that the statutory approval process in s89 was not complied with and that the defendant failed to adequately consult the industry submitter before materially amending its draft; because the statutory process and consultation obligations were not observed the Code as gazetted is invalid and of no effect.