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1. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 2 [10] 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 was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse awa...

2. Mao v Howitt [pdf, 60 KB]

   ...E2.3.3 Walls, floors and structural elements in contact with the ground shall not absorb or transmit moisture in quantities that could cause undue dampness or damage to building elements. E2.3.4 Building elements susceptible to damage shall be protected from the adverse effects of moisture entering the space below suspended floors. E2.3.5 Concealed spaces and cavities in buildings shall be constructed in a way that prevents external moisture being transferred and causing condensa...

3. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

   ...accepted that he had paid Mr KJ a referral fee and that in doing so, he had breached r 5.9. Concession was also made by Mr PR to having breached reg 6 of the Trust Account regulations. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 3 [11] Mr PR denied that he had permitted Mr KJ to use his firms trust account. [12] The Standards Committee delivered its decision on 16 December 2020. [13] The Committee concluded that there was insuf...

4. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...has not been stressed. [33] In terms of overall justice, Mr Baillie relies on the submissions on the two other issues and to his swift application to seek interim reinstatement to preserve the status quo. Oranga Tamariki relies on its role in protecting children and young people in its care and notes Mr Baillie’s failure to take responsibility for how the situation unfolded. It submits that prudence and safety favour maintaining the status quo, being that Mr Baillie remains aw...

5. MOJ0504-Making-parenting-arrangements-workbook-Samoan.pdf [pdf, 2.7 MB]

   ...ai, na e tago lea e scan le QR code po o le tatala o le link lea: justice.govt.nz/consent-order Telefoni vili fua a le Ministry of Justice i le 0800 224 733 Faaaoga le meapueata o lau telefoni e scan ai a‘u https://www.justice.govt.nz/family/care-of-children/parenting-through-a-break-up/agree-on-a-parenting-plan/apply-for-a-consent-order/ 23 O se tali atu pe afai ua le tausisia le fuafuaga tau tausiga o le fanau E mafai na e: Talanoa i le tagata e le o mulimulitai i le fuafuaga...

6. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

7. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

8. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...

9. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

10. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

    ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...