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1. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...defendant. 14 The defendant here is facing the looming prospect of expensive and extensive litigation (up to 10 days of hearing time), against the backdrop of significant legal costs already incurred. The reality is that it currently has no protection against ballooning costs which it has limited (if any) prospects of recouping. [18] Having weighed the competing considerations I am not persuaded that it is appropriate to exercise my discretion to make an order for security for c...

2. AX v ZM LCRO 244/2012 (23 April 2014) [pdf, 173 KB]

   ...provide him with the material on the tapes. She says that by refusing to complete his retainer he favoured his employer’s interests over hers, thereby breaching his duty to act in her best interests. She is also concerned that Mr ZM failed to protect her confidential information, and refused to provide her with other relevant information. [13] Ms AX is also critical of the Standards Committee in two particular respects. She says the Committee should have directed her and Mr Z...

3. Kaufusi v Tangilanu [2014] NZIACDT 105 (01 October 2014) [pdf, 188 KB]

   ...complaint), the Tribunal has prevented Ms Tangilanu from reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions imposed, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] The complaina...

4. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. 3 Hence, Mr EN’s duty is to Mr NW and he has no duty to protect and promote the interests of Mr IR. Mr EN’s duty to Mr NW includes acting on his client’s instructions and it is in the context of those instructions that...

5. TQ v ON [2022] NZDT 242 (21 November 2022) [pdf, 144 KB]

   ...deteriorated and worn away. I note that the WOF checksheet dated 5 May 2022 states that the centre driver’s shaft hanger was broken. (d) There was no mention during the sale of the Falcon being sold ‘as is where is’ and, in any event, that does not protect a respondent against a misrepresentation. The general rule of Caveat Emptor (let the buyer beware) applies to a private sale of goods, however, that rule does not apply if there is a misrepresentation to which s35(1)(a) of the...

6. Proactive release – Remuneration Authority Legislation Bill [pdf, 1.7 MB]

   ...Richard Tait, plus independent director Hilary Poole. Disclaimer This Report has been prepared solely for the purposes stated herein and should not be relied upon for any other purpose. To the fullest extent permitted by law, we accept no duty of care to any third party in connection with the provision of this Report. We accept no liability of any kind to any third party and disclaim all responsibility for the consequences of any third party acting or refraining to act in relian...

7. 2022-03-18 ORC - Opening Submissions [pdf, 373 KB]

   ...discharge component of earthworks activities under the RPW’s ineffective discharge rules will not prioritise the health and well-being of water bodies and freshwater ecosystems as required by the objective of the NPSFM.33 63 As her evidence carefully explains, Te Mana o te Wai is a fundamental concept of the NPSFM that recognises that protecting the health of freshwater protects the mauri of the wai and the health and well-being of 31 Re Otago Regional Council [2022] NZ EnvC...

8. BORA Animal Products (Dairy Products and Other Matters) Bill [pdf, 80 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Power to examine 4. Section 88(1)(b)(i) of the Animal Products Act currently enables an animal product officer to remove documents or...

9. BORA Overseas Investment (Owning Our Own Rural Land) Amendment Bill [pdf, 274 KB]

   ...ss 16(1)(e)(iii), 17A(2)(a) and (b)). The additional jobs or increase in exports are to be additional to what is likely to occur in the foreseeable future if a New Zealander purchased the land (new s 17A(3)). The conditions include mechanisms for protecting the environment and the historic heritage of the land. 5.The Bill also provides that where an overseas person is intending to reside in New Zealand indefinitely, the Minister must impose a condition on the consent that the overseas p...

10. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

    ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Kristina Muller, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the genera...