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1. Bedford v Luton LCRO 72 / 2009 (29 June 2009) - Penalty and Costs [pdf, 26 KB]

   ...it that factor in itself is enough to warrant a disciplinary response: Bentley v Gaisford [1997] QB 627 (CA) at p 648 per Henry LJ); Commissioner of Inland Revenue v Bhanabhai [2007] 2 NZLR 478 para [50] per William Young P. The English Court of Appeal has stated that failure to implement a solicitor's undertaking is prima facie to be regarded as a professional breach: Udall v Capri Lighting Ltd [1987] 3 All ER 262 at 269. The fact that there has been no “dishonourable conduc...

2. Regulatory Impact Statement December 2009 Legal Aid Review [pdf, 85 KB]

   ...public. This risk will be mitigated by the establishment of a statutory officer (the Legal Services Commissioner), accurate communications as to the independence of the functions of the statutory officer, and the continued existence of an independent appeal body to review decisions of the statutory officer. It is common in public sector restructurings that a proportion of affected staff, often key employees, leave to pursue new career opportunities. A change management team situated wit...

3. Priestly v Tawa - Tuaropaki A (2018) 191 Waiariki MB 234 (191 WAR 234) [pdf, 282 KB]

   ...3 184 Waiariki MB 220-224 (184 WAR 220-224). 4 327 Rotorua MB 180-184 (327 ROT 180-184). 5 Rameka v Hall [2013] NZCA 203; and Apatu v Puna - Owhaoko C1 [2010] Māori Appellate Court MB 34 (2010 APPEAL 34). 191 Waiariki MB 238 [17] The application for removal of Marilyn Khan as trustee of the Mokai Marae must fail as she is not a trustee of that trust. Arapiu Seymour [18] The applicants submit that Arapiu Seymour should

4. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...High Court Rules 2016, reg 5.45(1). 9 reg 5.45(2). 10 Davidson v Great Barrier Airlines Ltd, above n 5, at [14]. [14] There is a need to balance the interests of the plaintiff and the defendant in the overall exercise. As the Court of Appeal observed in A S McLachlan v Mel Network Ltd:11 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for...

5. Brodav Ltd v Waters [pdf, 28 KB]

   ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim....

6. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...http://www.legislation.govt.nz/regulation/public/2016/0225/latest/link.aspx?search=ad_act%40regulation__high+court+rules____25_ac%40bn%40rc%40dn%40apub%40aloc%40apri%40apro%40aimp%40bgov%40bloc%40bpri%40bmem%40rpub%40rimp_ac%40rc%40ainf%40anif%40bcur%40rinf%40rnif_a_aw_se&p=1&id=DLM6951801#DLM6951801 185 Waiariki MB 111 (b) determine the sufficiency of the objection. (4) If the Judge determines that the objection is not sufficient, the application is not entitled to obj...

7. [2018] NZEmpC 92 Ovation v NZ Meat Workers & Related Trades Union [pdf, 295 KB]

   ...(permitted) and probing for evidence (not permitted)”.4 3 Benge v Air New Zealand Ltd [2011] NZEmpC 26 at [16]. 4 At [18]. [13] Finally, I refer to the well-known dicta of the Court of Appeal in Price Waterhouse v Fortex Group Ltd:5 In marginal cases, it is better to avoid generalities and rules of thumb, and to return to principles. The pleader and Court simply ask, “in the circumstances of this claim”, is that sta...

8. ARLA PNG 1 [pdf, 177 KB]

   ...followed in the administration of this Act or any provisions of it; or (c) any information obtained by the authority from any inquiry held by it or from any other source. (2) A statement must not relate to a matter that may be a ground for an appeal against a decision of a licensing committee. (3) In performing its functions under this Act, a licensing committee must observe every statement issued under this section. This is the first such practice direction and statement is...

9. Walker - Mangawhati 3B3 and Mangawhati 3B1 (2020) 214 Taitokerau MB 88 (214 TTK 88) [pdf, 152 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...

10. [2013] NZEmpC 6 Weston v Advkit Para Legal Services Ltd [pdf, 70 KB]

    ...justified indemnity costs. Discussion [15] I am not persuaded that the analogy of the District Court Rules should apply as the Employment Court has a very wide jurisdiction to deal with costs, which has been dealt with in three leading Court of Appeal cases. 5 Those cases indicate that the 5 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA); Binnie v Pacific Health Ltd starting point of two-thirds of the actual...