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1. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

   ...1. A "hamlet" of 186 households and associated non-residential sites, occupying 16.47ha. The non-residential uses include a community hall/building, hotel/bar and restaurant, two retail units and three commercial units; 2. Areas to be protected by covenant, totalling 33.8Sha (of which 12.99ha is existing native vegetation and 20.86ha is proposed revegetation); 3. An area of exotic pine to be retained (O.4ha); 4. A balance area calculated by Ms de Lambert as being 41.S8ha t...

2. Dunstable v Leighton LCRO 73 / 2009 (14 July 2009) [pdf, 16 KB]

   ...[3] The Standards Committee resolved to take no further action on the complaint on the basis that the instruction to complete the valuation came from Mr X and not from Mr Leighton. In this they relied on rule 12.2 of the Rules of Conduct and Client Care for Lawyers. The Committee also found that it was not open to Mr Leighton to pay Mr X from funds of Mr X held on trust in the absence of instructions to do so. Background [4] From the correspondence on the file it appears that so...

3. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...respondent was corrected from B Ltd, to E Ltd. 4. The issues to be determined are as follows: a. What were the terms and conditions of the tickets, and has E Ltd breached them? b. Was the decision to invoke the rain date made with reasonable care and skill? 5. Tickets to the concert were sold online through a third party. In order to purchase tickets customers had to check a box which states they agree to the terms and conditions. Those terms and conditions could be viewed b...

4. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...a. What were the terms of the agreement? b. Did BQ misrepresent that the horse was sound? c. Did BQ breach the contract by refusing to refund the deposit or was she entitled to retain it in full or in part if BC failed to exercise reasonable care of the horse during the lease agreement so that it was returned in a sub-standard condition? d. What if any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enfor...

5. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...importance. The settlement of such interests will ensure legal certainty for the marine farming sector in New Zealand, allowing it to develop in the future. Rational and proportionate response 34. In assessing the allocation, we have considered carefully the rationality and proportionality of the 20% quantum. While there is no precise science involved in identifying an appropriate share in order to settle interests protected under the Treaty of Waitangi in this context, we consider that...

6. Brown v Otago Polytechnic (Strike-Out Application) [2014] NZHRRT 22 [pdf, 96 KB]

   ...cause of action within the jurisdiction of the Tribunal. Apart from references to a range of statutory provisions the defendant is left to guess how it has allegedly breached those provisions. For example the plaintiff does not claim to have made a protected disclosure yet he claims to have been discriminated against under section 66(1)(a) of the Human Rights Act 1993. He claims the defendant has breached section 21(b)(i) of that Act but does not disclose his marital status nor how tha...

7. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

   ...concerns .............................................................................................................17 Private payments .............................................................................................................18 Protecting the Commissioner’s interests ..........................................................................19 Conclusion ....................................................................................................................

8. 2019 Directory of Official Information P-R [pdf, 1.2 MB]

   Directory of Official Information Listings P-R Author Version number Date About This is a living document; we endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email official.correspondence@justice.govt.nz with the necessary amendments. official.correspondence@justice.govt.nz Ministerial Services Strategy, Governance & Finance mailto:official.correspond

9. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...judges and the courts, and have a chilling effect on academics, lawyers and others who wish to comment on the courts. The offence itself may undermine public confidence in the courts by the perception of providing judges and courts with special protection not afforded to others. Proposed Approach How will Government intervention work to bring about the desired change? How is this the best option? (1) Automatic suppression provision Compared to the Bill as introduced, the...

10. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

    ...[1] The Corporation seeks leave pursuant to s111 of the Accident Compensation Act 1982, to appeal to the High Court against the part of 30 January 2013 decision of the Authority ([2013] NZACA 1) that a claim for payment for gratuitous attendant care is permitted under ss 121(1) of the Accident Compensation Act 1972 and 80(1) of the Accident Compensation Act 1982. [2] Following the provisions of s 111 the grounds are first, that a serious and arguable question of law is raised as to t...