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1. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...migration on the basis of the original advice. She said she had discussed the fees she was being charged with other people and had the impression she was being overcharged. [23] On 9 May 2011 Ms Susan Atherton, who Oceania describes as a “Client Care and Compliance Officer”, said: When a client begins with us they pay a sign on fee. You had paid us NZ$1,950. It is our practice to apply 50% of the value of the sign on fee as a complimentary credit to the opening invoice and to th...

2. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...mother, Audrey, is their daughter. When I was left by my mother (parents) as a baby, I was taken in by my grandparents and raised as their own in Ngaruawahia (parents in Mangakino). James and Kath assumed responsibility for me, I never left their care. All decisions about my upbringing were made by my grandparents without consulting my mother. I grew up knowing all my needs were met by them and therefore unchallenged. This point was further distinguishable when my mother and...

3. Legal aid factsheet on changes to manage legal aid spending - April 2011 [pdf, 114 KB]

   ...single adult and $50,934 for an adult with two dependants). SUSTAINABLE LEGAL AID 2 Family The number of family legal aid grants has been growing since 2007-08, particularly in cases involving children. Between 2006-07 and 2009-10, grants for care of children proceedings increased by 39%, compared to a 16% increase in the number of care of children applications in the Family Court. It appears the change in the eligibility test has expanded the share of family cases receiving legal...

4. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

   ...known decision of Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd, 4 Hammond J cited with approval the earlier statement of Gault J in Duncan v Osborne Buildings Ltd when he said: 5 In applications of this kind it is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an in...

5. TL v NM LCRO 34 / 2012 (18 January 2013) [pdf, 77 KB]

   ...to the agent (CCD) who acted for the vendor and who had prepared it. [3] The Standards Committee found that this conduct was unsatisfactory as “a technical breach of Rule 8 (and associated footnote 9)” of the Rules of Conduct and Client Care for Lawyers (Rules). Rule 8 provides: 2 A lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of th...

6. LCRO 225/2015 MM v QK (24 July 2018) [pdf, 194 KB]

   ...Notice of Hearing issued by the Committee identified the issues to be addressed as follows: (a) “Whether Mr QK’s letter of 27 August 2014 … breached rules 2.3 and/or 2.7 of the” Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (b) “Alternatively, if there has been no breach of … rules 2.3 and/or 2.7 whether Mr QK’s conduct is nevertheless unsatisfactory conduct under section 12(b) and/or (c)” of the Lawyers and Conveyancers...

7. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...control and hapu interests in a collective taonga tukuiho. Thus the removal of such a protection should only be permissible where 111 some material wayan application falls outside the ordinary run of cases. To do otherwise yvould undermine the very careful balance between owners and the prefelTed class of alienees. [9] The applicant submits that he will apply the majority of the proceeds fi"om the sale of the land to the purchase and improvement of the dwelling cunently sitting...

8. 2021 Decisions of public interest

   ...employer - intention of the parties was for labour-hire company to be the employer - relationships operated in practice in accordance with agreements and documents - common law tests of limited assistance - no deliberate attempt to bypass employment protections - plaintiffs were employed by labour-hire company. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board, te Poari Hauora o Waitaha (Interlocutory Judgment of Chief Judge Christina Inglis, 30 April 2021) APPLICATION FOR INTERIM RE...

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9. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix B3 [pdf, 484 KB]

   ...be likely to see more action happening.” (R4) “A lot of my family here call myself the ‘green sheep’ of the family and most of my family just don’t give a shit about sustainability issues and they are not even aware of them let alone care about them.” (R5) “I’ve had discussions with a lot of people busy trying to save the world you have got a handful of people who are on board and excited and doing their bit and trying hard and it seems to me that there is a huge numb...

10. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

    ...as requiring the BoT to be a good employer and to ensure the fair and proper treatment of Mr and Mrs Cronin- Lampe regarding good and safe working conditions. The same particulars of breach are then pleaded. (e) That the BoT owed a duty of care to Mr and Mrs Cronin-Lampe to avoid and not cause bodily injury and that the BoT was negligent in breaching the duties of care, the particulars of which are the same as previously pleaded in the other causes of action. [9] It is diff...