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1. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...to award compensation. No compensation order is made in respect of this item. Suppression [23] Our decision and interim order of December 2022 suspending Ms Holdaway from practise were suppressed to protect her reputation pending any possible appeal. That was extended through to 23 March 2023 for pragmatic reasons. That suppression order is to be discharged. [24] At the hearing on 23 March, Ms Holdaway advanced another application for name suppression. Open justice requires p...

2. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...exercise of its powers regarding the admissibility of evidence.4 [22] A further legal point relates to the question of whether the Court should exercise its power under reg 45(2) of the Regulations to inspect the document. [23] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”.5 The Court should typically be in “real doubt” before doing so.6 3 Financial Markets Authority v Hotchin [2014] NZHC 2732 at [57]....

3. Falp - Succession to Bernard Albert Falp (2022) 449 Aotea MB 210 (449 AOT 210) [pdf, 295 KB]

   ...Leshia is unsure how to respond to requests for her view or it may be that she does not have a strong view one way or another. [35] I have set out my reasons so that Leshia may consider them and exercise her right to apply for a rehearing or an appeal if she disagrees with the basis for my decision. Ngā ōta Orders [36] Pursuant to s 113 of the Act, the Court determines that the persons entitled to succeed to Bernard’s Māori land interests are: (a) Stephanie Helen Rose Fal...

4. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...been born in New Zealand, were here on temporary visas. [5] Ms Khetarpal, a licensed immigration adviser, was a director of Ivisas Ltd, of Auckland. This company is now in liquidation. Her licence had been cancelled on 16 February 2016. On appeal to the District Court, it issued an interim order on 22 March 2016 allowing her to practice subject to supervision, including a condition that she inform her clients that she was providing advice pursuant to an interim order. That int...

5. Environment Court COVID-19 Protocol [pdf, 180 KB]

   ...Parties and representatives are expected to assist the Court by: 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to...

6. Land Valuation Tribunal COVID-19 Protocol [pdf, 181 KB]

   ...first instance. Expectations of parties and representatives 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol 17. Parties and representatives are expected to assist the Tribunal by: a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including...

7. Goldsmith - Matata Parish 63Z (2021) 263 Waiariki MB 214 (263 WAR 214) [pdf, 253 KB]

   ...Rātima v Sullivan - Tataraakina C Trust;8 and Rudd v Former Horowhenua 11 Part Reservation Trust Trustees.9 [14] I adopt the reasonings set out in these judgments. 6 Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) 7 Hall v Opepe Farm Trust – Opepe Farm Trust (2009) 90 Taupo MB 189 (90 TPO 189) 8 Rātima v Sullivan - Tataraakina C Trust (2012) 18 Tākitimu MB 75 (18 TKT 75) 9 Rudd v Former Horowhenua 11 Part Reservation Trust Trustee...

8. [2022] NZEmpC 199 Urban Décor Ltd v Yu [pdf, 202 KB]

   ...not provided any evidence of their actual costs. In their submissions, they state: “We certify that Urban Decor’s actual costs in both the ERA and this Court exceeds the costs claimed for these respective proceedings.” [25] The Court of Appeal held in Binnie v Pacific Health Ltd that the first step in deciding costs is to assess whether the costs actually incurred by the plaintiff were reasonably incurred.13 I noted recently in New Zealand Post Primary Teachers’ Associa...

9. Te-Au-Reka-Capability-Model_October-2022.pdf [pdf, 1.5 MB]

   ...access reference material from within the solution to support the making of judicial decisions. Refer matters to another court Judicial officers can direct that a matter be heard next in a different location or a different jurisdiction. Where an appeal is lodged, court information from the lower court can be transferred to the appellate court. Record event information Judicial officers and registry can record information relating to events ensuring a complete court record, effectiv...

10. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

    ...“non-compliance with disciplinary orders is generally a significant matter”, citing Parlane 1 and Hart.2 [13] Mr Schwarcz referred us to three cases where orders had been breached and suspension imposed as a consequence.3 In the Hong matter, on appeal a suspension of four months was imposed (reducing the Tribunal ordered suspension of 10 months). In Kennelly, two months suspension was imposed on a practitioner with a number of previous disciplinary findings against him. In Na...