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1. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...appropriate court for the proceeding 5 a judgment from one country could be registered in the other. It would have the same force and effect, and be enforceable as a judgment of the registering court a judgment could only be varied, set aside or appealed in the court of origin a judgment could only be refused enforcement by a court in the other country on public policy grounds. Final non-money judgments - The range of final judgments that can be recognised and enforced bet...

2. Legal aid Family Fixed Fees Schedules [pdf, 870 KB]

   ...Considering: o a specialist report requested by the court under sections 178, 186 or 187 o a Judge directed Lawyer for Child report  Reporting to client * This is a repeatable activity and can be claimed per occurrence of this activity Appeals against financial decisions- preparation Estimate required by amendment For  all preparation related to appeal  reporting to client  preparing application for amendment to grant Appeals against financial decisions �...

3. Ron Lunken Family Trust v Haywood Construction Limited [2011] NZWHT Auckland 66 [pdf, 95 KB]

   ...was found liable as project manager after being in charge of the site, selecting and sequencing the subcontractors. However the issue in Ryang was not whether Mr Lee was the project manager. Mr Lee accepted that he performed this role but appealed to the High Court, after failing to appear before this Tribunal, on the ground that his contract protected him from liability. Ryang therefore does not assist the Council’s case against Mr de Geest. [16] In Hartley v Balemi6...

4. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...compensation for stress and disruption to his affairs. The ability to compensate for anguish and distress in the lawyer client relationship has been recognised in a number of cases, most recently Heslop v Cousins [2007] 3 NZLR 679. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. Given the purposes of the Lawyers and Conveyancers Act (which in s 3(1)(b) inclu...

5. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...Attorney- General (Quebec) [1989] 1 SCR 927, 968. 2 Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 3 In applying section 5, the Ministry of Justice has regarded to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754. 4 Report of the Report of Manukau City Council On G...

6. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [48] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...

7. Djangozov v Johnston - Estate of Audrey Trimble - (2018) 185 Waiariki MB 238 (185 WAR 238) [pdf, 272 KB]

   ...may make such order in the premises as the circumstances of the case may require: provided that no such order shall— 4 Manning – Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215). 185 Waiariki MB 244 (a) disturb any distribution of the trust property made without breach of trust before the trustee became aware of the making of the application to the court: (b) affect any right acquired by any perso...

8. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...relating to regulation, such as how to calculate the cost of capital, value assets, allocate common costs, prepare regulatory accounts and so forth. 2 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1992] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; as well as the Supreme Court of Canada’s dec...

9. Huata - Koparakore B2B 2C (2017) 62 Tākitimu MB 222 (62 TKT 222) [pdf, 377 KB]

   ...did not wish to take such interest as she did not whakapapa to the lands by blood. The whānau say that based on their mother’s wishes they 14 [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 62 Tākitimu MB 229 did not succeed to their father’s estate until after her passing. When their mother died in 1997, the whānau’s intention was to succeed to their father’s estate and bring the land shares of both par...

10. Tanerau-King - Mangamaunu 1A Part Section 19 (2019) 53 Te Waipounamu MB 220 (53 TWP 220) [pdf, 307 KB]

    ...individual or body; and (b) shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [22] I adopt the principles set out by the Court of Appeal in Clarke v Karaitiana where the Court considered the nature of the Court’s discretion to appoint trustees under s 222 of the Act:2 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard...