Search Results

1. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...appellant would not sell the vehicle if released without forfeiture. [7.7] The appellant is under financial pressure, due to the competitive nature of its business, the high costs involved, and the onerous regulatory requirements. [7.8] Any lack of care was due to naivety, and an understanding that a third party would ensure the risk was managed. The risk was unforeseen, and a rare situation. Customs’ Position [8] Customs say the records showing the discrepancies in the odo...

2. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...particularity, some events but not others. It could have been said that those incidents sufficiently particularised are also the subject of evidence rather than pleading and yet they have been elaborated upon. Matters of confidentiality can easily be protected by setting restrictions on the extent to which information is revealed. It could be done by confidential memorandum rather than amended statements of claim. [24] In the present case where limitation issues exist, the plai...

3. Franklin v CAC 20005 & Bailey [2013] NZREADT 77 [pdf, 51 KB]

   ...occasion I am putting a line in the sand as it caused an avoidable quantifiable monetary loss to my client. When representing a client’s interest in a property purchaser transaction, my quintessential role is to exercise my fiduciary obligation to protect their personal circumstances, protect them from themselves by shielding their emotion from the selling party and to maximise their equity in a property purchase by paying the least amount possible at the time of settlement. Had the...

4. IPT Annual Report 2025 [pdf, 515 KB]

   ...Tribunal are set out in section 217(2) of the Act: “(2) The functions of the Tribunal are— (a) to determine appeals against— (i) decisions to decline to grant residence class visas: (ii) decisions in relation to recognition as a refugee or a protected person: (iii) decisions to cease to recognise a person as a refugee or a protected person: (iv) decisions to cancel the recognition of a New Zealand citizen as a refugee or a protected person: (v) liability for deportation:...

5. Justice Matters July 2019 [pdf, 3.5 MB]

   ...Evidence Act, so the safety of victims and their families will be the primary consideration when deciding whether to grant bail, and on what conditions; and Police and courts will be empowered to impose any conditions they deem necessary for the protection of the victim and their family. And it is now easier for Police to use video evidence on behalf of the victims. The pilot of this has already seen an increase in early guilty pleas. Phase two of the legislation comes into effect on 1...

6. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...Evidence Act, so the safety of victims and their families will be the primary consideration when deciding whether to grant bail, and on what conditions; and Police and courts will be empowered to impose any conditions they deem necessary for the protection of the victim and their family. And it is now easier for Police to use video evidence on behalf of the victims. The pilot of this has already seen an increase in early guilty pleas. Phase two of the legislation comes into effect on 1...

7. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...carry out the lawful informed instructions of clients. [30.3] Passports and personal documents are to be returned to clients on request, and without delay. [30.4] That a licensed immigration adviser must discharge professional engagements with due care, diligence and respect. That requires them to ensure their professional service delivery meets proper standards. [31] Clause 2.1(f) requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration system an...

8. Greaterex v Preston [pdf, 41 KB]

   ...the evidence of Mr Rob Preston, Mr Simon Paykel and the assessor, I am satisfied that Mr Tim Preston was the builder of the dwelling house and responsible in large measure for the significant defects in construction. Mr Tim Preston’s duty of care as a builder was to ensure that proper skill and care was taken in the construction of the house. There is ample evidence to conclude (including exhibits 28, 30, 31, 35 and 37) that Mr Tim Preston breached that duty of care and that t...

9. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...concluded: 3.22. In respect to s73(a) (disgraceful conduct) we note that the High Court has already made a number of findings in relation to the level of the Licensees culpability in this matter. In light of the Court's finding that the conduct was careless but not reckless the Committee has reached the conclusion that the high threshold to prove misconduct has not been reached. … 3.24. Finally in respect of s73(c) (consists wilful or reckless...) we are again constrained b...

10. Brown v Brown - Tuhuna 12A1 (2025) 292 Taitokerau MB 147 (292 TTK 147) [pdf, 250 KB]

    ...Ms Hinemoa Toki, a half-sister to Mr Clarence Brown and a full sister to Pompey Brown, had been permitted by Clarence Brown and Barbara Brown to occupy the house following the hearings in 2010. [16] In or around 2021, Hinemoa required medical care which necessitated her being relocated from the property into a residential care facility. At that point in time, Pompey Brown junior was permitted by the trustees, Clarence Brown and Barbara Brown, to occupy the property on a limited b...