Search Results

1. Submissions-on-behalf-of-CDHB-as-to-Scope.pdf [pdf, 242 KB]

   ...responder” is important. 8. For the reasons that follow, it is submitted that CDHB/Christchurch Hospital is not properly described as being a ‘first responder’. 9. There is no legal definition of “first responder.” However, in the Protection for First Responders and Prison Officers Bill (defeated on 14 April 2021) “first responder” was defined as: (a) a constable (within the meaning of section 4 of the Policing Act 2008); or (b) an emergency services worker (w...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. Rec-Recap-2024-Q3-FINAL.pdf [pdf, 1.2 MB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2024 Office of the Chief Coroner | 2024 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a death

8. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ................................................................................................. 3 WHAT ARE THE DEFECTS THAT HAVE RESULTED IN DAMAGE? ..................... 4 WHAT IS THE SCOPE AND COST OF THE REMEDIAL WORK REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and const...

9. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

10. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

    ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...