New Zealand Case Law: Decisions & Judgments

Topic

Procedural adequacy

Legal area

Court

6 Jul 2021

AUCKLAND COUNCIL v NZ FAIRY TERN CHARITABLE TRUST [2021] NZHC 1671

Citation

[2021] NZHC 1671
Court

High Court

The Environment Court was plainly wrong to decline costs because the Trust's proceedings against the Council were fundamentally misconceived, the Trust had been put on notice early that the Council was the wrong respondent, and the Trust's public interest motivation did not justify continuing misconceived litigation; accordingly an award of costs in favour of Auckland Council was appropriate.
8 Mar 2016

FISCHER v GOVERNING BOARD OF JAS-ANZ [2016] NZHC 378

Citation

[2016] NZHC 378
Court

High Court

Relief is declined because although the applicants' reading is the obvious textual reading, an alternative reasonable interpretation exists that separates renewal from recertification and gives effect to a ten‑year maximum; the Standard is not statutory, JAS-ANZ is the specialist body to implement it, JAS-ANZ's inquiry was within its discretion, and there was no individual interest giving rise to requirement for relief.
29 May 1995

Click Clack International (M D Simpson) v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 61
Court

District Court

The Corporation's decision classifying the injury as a gradual process work injury could not be supported because the medical material then available did not exclude plausible non‑work causes nor show the necessary particular workplace property or characteristic on reasonable grounds; further enquiry including occupational assessment was required, therefore the classification was revoked and the matter remitted for reconsideration.

New Zealand Case Law

AUCKLAND COUNCIL v NZ FAIRY TERN CHARITABLE TRUST [2021] NZHC 1671

FISCHER v GOVERNING BOARD OF JAS-ANZ [2016] NZHC 378

Click Clack International (M D Simpson) v Accident Rehabilitation and Compensation Insurance Corporation