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1. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...succeed.4 The Court has a broad discretion to consider whether security for costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...

2. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...about the effect of publicity on her reputation. From Standards Committee submissions, she is aware that strike-off is being sought as their prime submission. We have managed the publicity aspects short-term by suppression orders. [24] We have carefully weighed the gravity of the interim order on Ms Holdaway before determining that we were satisfied that it needed to be made to give proper effect to the legislative intent. [25] This decision may not be published so long as the int...

3. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...the money wrongly. 3. The issues to be determined were as follows: a. Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the terms of the contract between the parties, any allegations of a lack of care by L Ltd, or any harsh or unconscionable contractual terms, or behaviour on B Ltd’s part? b. What if anything is payable by B Ltd? Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the te...

4. Equal Pay Amendment Bill [pdf, 303 KB]

   ...Conclusion 25. 11 12 13 oncluded that the Bill appears to be consistent with the Bill of Rights Act. eral Christian Congregation of Jehovah's Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in the care of Faith-based Institutions [2024] NZCA 128 at [57]. Christian Congregation, above n 12, at [57]. Westco Lagan v Attorney-General [2001] 1 NZLR 40....

5. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

   ...offending or of the practitioner, then, if appropriate, considers relevant authorities before making an assessment about a proportionate response. [17] The Tribunal must, in assessing penalty, be mindful of the purposes of the Act which are the protection of the public and the maintenance of confidence in the provision of legal services. [18] Penalty in professional discipline cases is not imposed for punitive purposes, although it is recognised that there can be punitive outcome...

6. EE v ZX LCRO 95/2012 (10 February 2014) [pdf, 111 KB]

   ...fees incurred with his solicitor which he noted was $500. [14] In its determination, the Standards Committee identified the issues as being: the use of legal processes for an improper purpose, being a breach of Rule 2.3 of the Conduct and Client Care Rules3; and overcharging. The Standards Committee determination [15] Having considered the complaint, the Committee determined to set the matter down for a hearing on the papers and the parties were invited to provide submissions....

7. LCRO 179/2017 VB, CB & ON v QT (14 June 2018) [pdf, 181 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [24] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

8. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...Act. 8 Section 12(c) Lawyers and Conveyancers Act 2006 Section 12(c) of the Act defines unsatisfactory conduct as conduct which contravenes any of the provisions of the Act, the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) or Regulations. Section 107(1) of the Act says the Rules are binding on “former lawyers”. If a finding of unsatisfactory conduct pursuant to s 152(1)(b) is made against a former lawyer, then an order may b...

9. Strengthening the family justice system - EasyRead - PDF version [pdf, 4.1 MB]

   ...https://www.justice.govt.nz/ enter website details here You might need support to read this version of the survey. 7 What is the family justice system? The family justice system helps families to work out the best way to care for their children when parents are not living together. The Family Justice System includes things like:  services that help people  the family court. 8 What is the Inde...

10. Evidence - Noise - Minister for Children - Rhys Hegley - Final [pdf, 424 KB]

    ...O AOTEAROA ENV-2019-AKL- 000007 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF RHYS LEONAR...