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1. [2014] NZLCDT 80 Wellington Standards Committee v CLS [pdf, 412 KB]

   ...considered to be of and incidental to legal work and therefore legal work which is covered by the term “regulated services”. [52] Counsel for the practitioner opposed the submissions of the Committee. He referred to the decision of the Court of Appeal in Hansen v Young.1 In that decision the Court referred to the different capacities that a solicitor has in the dual role of solicitor/trustee. It held that the responsibility for the administration of an estate was with the exe...

2. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...Brookers 1977. I also have regard to the judgement of Cousins and Wils.on (Supra). As an appropriate figure to mark the Courts censure of outrageous conduct, I award the figure of $2,000.00. INTEREST AND COSTS The High Court and the Court of Appeal have power to award interest down to the date of judgement, pursuant to s87 of the Judicature Act 1908. The District Court has been given this power pursuant to s628 of the District Courts Act 1947. The issue of interest was not argued...

3. Pahi - Estate of Lucy Williams [2014] Chief Judge's MB 476 (2014 CJ 476) [pdf, 251 KB]

   ...~laim that he is a .natural child of the deceased and therefore it is Clear that he is entitled to be recognised as a child of the deceased and to succeed to the deceased's interests accordingly. 1 [2010] MaoriAppellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge's MB 209-225 (2009 CJ 209) 2014 Chief Judge's MB 486 [11] As a result, I am satisfied that there was an error in the presentation of the facts to the Court. Orders [12] Accordingly, in terms...

4. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...However, s 106(3) of the Act provides that the restriction in s 106(2) does not prevent the High Court from granting an order concerning income derived from any beneficial interest in Maori freehold land. [44] This was confirmed by the Court of Appeal in the decision of Grace v Grace: We are not required to consider whether and if so how the jurisdiction of the High Court should be exercised in a case such as the present. That must be

5. BORA KiwiSaver Bill [pdf, 414 KB]

   ...Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Footnotes 1 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 [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 and Supreme Court of Canada’s decision in R v Oakes...

6. Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169-185 (486 AOT 169-185) [pdf, 688 KB]

   ...Māori Act 1993, s 329(2)(a). 8 Te Ture Whenua Māori Act 1993, s 329(2)(aa). 9 Te Ture Whenua Māori Act 1993, s 329(2)(b). 10 Brown v Māori Appellate Court [2001] NZLR 87. 11 Whaanga – Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45), at [38]. 12 Te Ture Whenua Māori Act 1993, s 329(2)(c). This does not mean that a person needs to hold a proportionate amount of shares for the area of the proposed occupation order – see Bidois – Te Puna 154D3b2B (2008) Wa...

7. [2018] NZEnvC 164 Bernie v Auckland Council [pdf, 6.5 MB]

   ...order under 2 314(1)(f) may be lodged­ (a) (not relevant), (b) by any other person, not later than three months after the date on which the policy statement or plan becomes operative. [16] These provisions, 0.12.6 Standards, were not subject to appeal, and were operative by 15 November 2016, some 12 months before this application was filed. As such, no action for failure to comply with the First Schedule can be brought three months thereafter. Thus, this application under s 314(1)(f...

8. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...New Zealand, costs have not been awarded to indemnify successful litigants for their actual solicitor and client costs, except in rare cases generally entailing breach of confidence or flagrant misconduct. Except in such cases, in both the Court of Appeal and the High Court orders for party and party costs have been limited to a reasonable contribution to the costs of the successful party. " Prebble and Ors v Awatere Huata (No 2) [2005] 2 NZLR 467 [15] That costs should follow the...

9. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...but what is required is more than two unrelated employers. There must be a sufficient degree of a relationship between the legal entities. In judging that relationship the Court will look for the element of common control. [57] The Court of Appeal for Ontario in Downtown Eatery (1993) Ltd v Ontario10 cited with approval the Court at first instance in Sinclair v Dover Engineering Services Ltd11 where the trial judge held that: The old-fashioned notion that no man can serve two ma...

10. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

    ...this manner. 16 Workington v Sheffield LCRO 55/2009 at [65]. 10 [48] It must not be overlooked that the Committee has censured Mr OL. The nature of a censure was discussed by the Court of Appeal in New Zealand Law Society v B. In discussing the terminology used in the Act (censure and reprimand) the Court said:17 Both words envisage a disciplinary tribunal, here a Standards Committee, making a formal or official statement reb...