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1. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...continue applying and if she left, it would not be easy to come back. [34] They exchanged messages through May 2019. On 14 May, the complainant asked Mr Ji to let her know if he had time to help her. While it did not matter to him and he did not care, she had her youth, contribution, time, hope and family’s expectation. She had waited for two years. Mr Ji eventually responded, telling her on 15 May that he was writing a framework for her support letters. The complainant presu...

2. [2022] NZEnvC 037 Bagnall v Tasman District Council [pdf, 20 MB]

   ...Decision No. [2022] NZEnvC 37 IN THE MATTER of the Resource Management Act 1991 AND an appeal under section 120 of the Act BETWEEN JAMES and PHILLIPA BAGNALL (ENV-2021-CHC-83) Appellants AND TASMAN DISTRICT COUNCIL Respondent AND INTEGRITY CARE GROUP LIMITED Applicant Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 21 March 2022 _______________________________________________________________...

3. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

4. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

5. Song v CAC 20008 & Clement [2014] NZREADT 54 [pdf, 55 KB]

   ...Monday afternoon who told him there should not be a problem in getting a new title, which was simply an updating of the old title. Their lawyer then told him and his wife that they could cancel the contract in terms of clauses inserted for their protection by the Licensee. Because the appellant and his wife liked the house, were first home buyers, very much needed the accommodation, and had spent money on a builders report, they decided to continue and defer settlement until the title w...

6. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...client relationship has been recognised in a number of cases, most recently Heslop v Cousins [2007] 3 NZLR 679 (where $50 000 was awarded to each client). Given the purposes of the Lawyers and Conveyancers Act (which in s 3(1)(b) includes the protection of consumers of legal services) it is appropriate to award compensation for anxiety and distress where it can be shown to have occurred. Such an order will be particularly appropriate where the client is not a sophisticated person a...

7. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...

8. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...“inevitably, although not always, may lead to striking off”. In the present case, the form of “dishonesty” is being a party to a criminal breach of the Act, involving advising a client to deceive Immigration New Zealand. It is important to look carefully at whether rehabilitation is realistic. I have done so. [41] I am satisfied that if there is any prospect of rehabilitation it can only be after Mr Gimranov invests in gaining the knowledge to provide services at a standard much h...

9. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...

10. CJARS - claim form [pdf, 322 KB]

    ...A witness or you assisted in the administration of justice. For example: • You reported a crime or gave information to the police in a criminal case that is punishable by imprisonment; and • you suffered material loss or damage to property and you are not in a Witness Protection Programme; or • you are in a close relationship with a witness and you experienced costs or suffered losses as a result of assisting or caring for the witness. Impo...