New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Noise nuisance

Legal area

Court

1 Sept 2017

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 2116

Citation

[2017] NZHC 2116
Court

High Court

Costs shall lie where they fall because the merits were evenly balanced, the plaintiff's conduct and late withdrawals did not justify an adverse costs order, there was no probative evidence of noise effects on the plaintiff's members and alleged non-compliance with the certificate conditions was not directly material to the costs exercise.
11 Aug 2006

ARK OPERATIONS LTD V FERNYHOUGH AND TRUSTEE ADMINISTRATION SERVICES 2003 LTD AS TRUSTEES OF THE CLASSIC CAR MUSEUM TRUST HC AK CIV-2006-404-002949

Citation

openlaw-a99978bc_ee77_4c47_b176_ce55c4a7db3c.pdf
Court

High Court

By consent and on the evidence establishing a prima facie breach of the loud noise prohibition in clause 15.2, the Court granted an interim injunction restraining the defendants from permitting loud noise generating activity within the building and awarded costs of $3,000 plus disbursements to the plaintiff payable by a fixed date.