Search Results

1. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...to pay) and, if so, how the Court’s discretion should be exercised under r 5.45(2). [7] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise is summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 10 as follows: [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adv...

2. Auckland Standards Committee 2 v Small [2024] NZLCDT 32 (16 October 2024) [pdf, 106 KB]

   ...(3) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $25,000 who knowingly acts in contravention of subsection (1). [10] Rule 10.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: Reputation of profession 10.2 A lawyer must not engage in conduct that tends to bring the profession into disrepute. [11] Rule 10.9 of the Rules provides: Misleading and deceptive conduct 10.9 A lawy...

3. Family Court Rewrite Submission - NZ FC Court Psych Group [pdf, 304 KB]

   ...Psychological Group. 28th February 2019. Pg. 2 We believe that could be managed through the Court and its authority and processes (perhaps with access to expert opinion about the use of such information and how children in particular can be protected). 2. The development of specialised Court staff, both at the level of the Registry (the proposed Senior Family Court Registrar) and the proposed Family Justice Service Coordinators. Specialist Psychologists believe that everyon...

4. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 42 [pdf, 111 KB]

   ...Burcher’s actions in breaching r 11.1 and misleading Mr Eades were deliberate, as found by the Tribunal. (d) That the practitioner’s breaches were not one isolated act but involved a series of breaches over a period of time, which displayed a lack of care and regard for his professional obligations. (e) That the practitioner had overlooked the potential conflict between his own personal interests and those of his client Mr M, although the Standards Committee accepts that he of...

5. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

   ...following comments by way of assistance: [10.1] The order made by the Tribunal at [117] of its decision prohibiting search of the Tribunal file and directing that Mr Mullane and the Police be notified of any request to search the file was sufficient to protect the evidence on the Tribunal’s file. [10.2] In any event the Public Records Act 2005 appeared to prohibit the removal or destruction of a judicial record. 4 [10.3] It was unclear whether Mr Mullane intended his application...

6. BORA-Advice-Education-and-Training-Amendment-Bill.pdf [pdf, 259 KB]

   ...movement are demonstrably justified under s 5 of the Bill of Rights Act. As with similar advice given on a previous Bill,3 we note that the purpose of these kinds of provisions is to minimise disruption to the delivery of education for students, and protect the health, safety, and wellbeing of students. The provisions are therefore rationally connected to these objectives and minimally impair freedom of association and movement. 2 Moncrief-Spittle v Regional Facilities Auckland Limite...

7. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...an adequate fence. The photographs show it is a healthy and attractive hedge. Based on the photographs I also accept NT’s evidence that the hedge provides adequate privacy because it is obviously healthy and thick, and provides sufficient visual protection. I accept the evidence provided by BT earlier that it is a non-invasive type of hedge and its roots do not endanger services or foundations on either property. Moreover, the photographs show that the hedge does not grow into the applic...

8. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...document itself prominently refers to the arrangement between [Firm B] and Mrs ZN as being a “Partnership [Programme]”. 3 [15] Several days after he lodged the proceedings, Mr TP provided Mrs ZN with what is generally known as client care information, spread across three different documents. This included information about Mr TP’s fees. I discuss that material in more detail later in my decision. [16] Between 2014 and 2016 there were unsuccessful attempts by Mrs ZN and...

9. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

   ...AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC41 of the Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commis...

10. Impact summary RIA Extended Control Orders [pdf, 369 KB]

    ...conditions) there are limited options for managing any ongoing terrorism related public safety risk posed by the individual. New Zealand does have post sentence orders for managing some types of offenders (Extended Supervision Orders (ESOs) and Public Protection Orders (PPOs)) but these do not cover terrorism offenders. Under the status quo agencies can interact with individuals, however there is not ability to place requirements upon the person that would help limit the public safe...