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1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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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7. Wairakei Pastoral Limited [pdf, 452 KB]

   ...and further submissions on PC1 (Decision). Parts of Decision of Particular Concern to WPL 6. WPL is largely supportive of the Decision. In particular: a. WPL strongly supports Te Ture Whaimana o Te Awa o Waikato and the need to restore and protect the permanent and intermittent waterbodies within the PC1 catchments within a generation. b. WPL strongly supports PC1 as being an important first step towards achieving that ultimate objective. 3 7. The discrete parts o...

8. N v K LCRO 9 / 2008 (3 February 2009) [pdf, 13 KB]

   ...to this office by the parties. Consideration [4] The applicants described the letter of 21 August from Lawyer K to be “groundless” and “outrageous” in a letter of 14 October 2008. [5] One of the fundamental duties of a lawyer is to protect and promote the interests of his or her client to the exclusion of the interests of third parties (Rule 6 Lawyers Conduct and Client Care Rules). [6] Balancing this obligation is Rule 12 which provides that “a lawyer must, when a...

9. BORA Terrorism Suppression Amendment Bill [pdf, 273 KB]

   ...particular part of the information itself would involve disclosure that would be likely to prejudice certain interests. 6. Courts have on a number of occasions recognized the need for security intelligence information to be kept secret in order to protect national security: see, for example, Canada (Minister of Employment and Immigration) v. Chiarelli [1992] 1 S.C.R. 711 (at paragraph 48); Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3 (at paragraphs 43 and 44); Charkaoui [200...

10. BORA Easter Sunday Shop Trading Amendment [pdf, 190 KB]

    ...work on Good Friday they cannot be required to work unless they have agreed in their employment agreement to do so. 6. Although trading on Easter Sunday is restricted, it is not a "public holiday" for the purposes of the Holidays Act. The protection described above with respect to Good Friday is not applicable to Easter Sunday. However, a person who is normally required to work on a Sunday and works for a shop to which this Bill applies has the ability to initiate the re- negoti...