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1. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...party has yet to, or has failed to, fully disclose all documents in its possession or control that are relevant to the claim. The Documents sought [11] The Applicants seek further discovery of specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwell...

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

   ...herself at that hearing. [2] When we first came to hear the penalty phase of the matter, we were persuaded by Ms Holdaway’s then counsel to adjourn so “she could file further evidence and assemble a cohesive case”2. Nonetheless, our duty “to protect the interests of the public and thereby maintain public confidence in the provision of legal services”3 caused us to suspend her from practice. We gave a reasoned decision to explain our reasons. It was not done lightly. [...

3. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...development and human use of land, air, water and soil. The “environment” is very broadly defined to include all things natural, physical, and people, all of which are to be governed in an integrated fashion. Decision making therefore involves careful weighing up of the many facets, and the making of overall value judgements. [4] The Act takes quite an enabling approach to activities like developments, and prescribes intervention only when environmental impacts will reach an una...

4. Auckland Waikato and Eastern Fish and Game Councils [pdf, 504 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL- IN THE MATTER of the Resource Management Act 1991 (“the Act”) AND an appeal under Clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN AUCKLAND/WAIKATO AND EASTERN FISH AND GAME COUNCILS Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF APPEAL Dated: 8 Jul

5. Government to implement UN Committee recommendations

   ...the Committee’s recommendations at its next report due in July 2027. The actions the Government is taking to implement the recommendations include commitments to improve conditions of people in prison and police custody, combat trafficking, review protections for asylum seekers, and progress work as part of the response to the Royal Commission of Inquiry into Abuse in Care. The recommendations and actions to be taken in response have been published on the Human Rights Monitor, New Zealand’s...

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6. Pilot service designed to keep children safe

   ...being exposed to potential conflict,” says Warren. The supervised handover service is being trialled in Whanganui and Rotorua until the end of February 2018. It is a free service that is initially available in cases where the Family Court has imposed protective conditions on a Parenting Order under section 51 or section 48 of the Care of Children Act 2004. The parties may be referred to the service at the discretion of the court. The Ministry has contracted Family Focus Rotorua to deliver the...

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7. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...the Act and without these rights persons may be reluctant to become mediators. He concluded: 7 The law should not allow such unintended draconian consequences of a strict interpretation. The objective of confidentiality under s 148(2) is to protect parties and the integrity of the mediation process and not to protect or advantage mediators personally. [57] A purposive interpretation of s 148(2) will produce a different result than a purely literal interpretation of what might...

8. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...7 Bolton v Law Society [1994] 2 All ER 486 at 492. [48] We agree with the Tribunal that the appellant’s professional misconduct touched the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation, it was conceivable that a penalty less than striking off could have been imposed. Previous matters [49] This was...

9. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...

10. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

    THE WEATHERTIGHT HOMES TRIBUNAL TRI 2014-100-000026 [2016] NZWHT AUCKLAND 2 BETWEEN BU-RYE & JEOM-YOUL LEE Claimants AND AUCKLAND COUNCIL First Respondent AND GIL (2008) LIMITED (formerly Goodland Investments Limited) Second Respondent AND LAI FOOK CHOY (Not Served) Third Respondent Hearing: 28, 29, 30 October 2015 Closing submissions: 25 November 2015 Appearances: Ms Grant for the claimants Ms Knight and Mr Fellows for th