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1. Justice Matters - issue 06 - March 2017 [pdf, 1.5 MB]

   ...Warren. Family Focus Rotorua and Barnardos have been contracted to deliver the service in Rotorua and Whanganui, respectively, until the end of February 2018. It is a free service that is initially available in cases where the Family Court has imposed protective conditions on a Parenting Order under section 51 or section 48 of the Care of Children Act 2004. The parties may be referred to the service at the discretion of the court. The pilot is part of the Ministerial Work Programme on...

2. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...2020 in support of her application for removal. BNZ asserts that the conversation was intended to be confidential and was conducted for the purpose of BNZ obtaining legal advice from its lawyer. As a result, BNZ claims that the conversation is protected by legal privilege and that it has not taken any steps to waive this privilege. Is the issue now moot? [11] Ms Bowen’s primary response to the claim of privilege is that, because the references to the alleged privileged communi...

3. National Standards Committee 1 v Reed [2021] NZLCDT 31 (2 December 2021) [pdf, 122 KB]

   ...been established, may demonstrate insight by the practitioner into the causes and effects of the wrongdoing. This, coupled with acceptance of responsibility for the misconduct, may indicate that a lesser penalty than striking off is sufficient to protect the public in the future. [188] For the same reason, the practitioner’s previous disciplinary history may also assume considerable importance. In some cases, the fact that a practitioner has not been guilty of wrongdoings in the pas...

4. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   ...expressing a complaint that the effects on Canyon were difficult to assess. [38] That said, we acknowledge Canyon's point that the evidence originally submitted by Bendigo fell short of the standard expected by the court. [39] Having given careful consideration to the applications and to the competing legal submissions, we are broadly in agreement with Bendigo's criticisms of Canyon's case. We note that our substantive decision set out many of the reasons for that,...

5. Livingstone v Rawhiti - Tokaanu Township 2B (2025) 496 Aotea MB 45 (296 AOT 45) [pdf, 210 KB]

   ...with the retention of Māori land and the effective use, management, and development of that land by the owners, the court should provide ways to determine or facilitate the settlement of disputes and other matters among owners. This includes protection of minority interests in any land against an oppressive majority, and to protection of majority interests against an unreasonable minority. Also to ensure fairness in dealings with the owners of any land in multiple ownership, and to...

6. Iosefa v New Zealand Law Society [2024] NZLCDT 26 (28 August 2024) [pdf, 119 KB]

   ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past con...

7. [2025] NZEmpC 217 Fuimaono v Ritchies Murphy Transport Solutions Limited [pdf, 186 KB]

   ...order for security is just in all the circumstances. Balancing the interests and consideration of merits [15] The balancing of the interests of the parties is an overriding consideration. This involves balancing Ritchies’ interest to be protected from a barren costs order against Mr Fuimaono’s right to access justice. [16] Mr Fuimaono submits that a substantial order for security will prevent him from pursuing his challenge. The Courts recognise that an order having...

8. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...(2) The court shall not make an order under this section in favour of any person whose claim, in the opinion of the court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955. 156 Waiariki MB 260 (3) In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation o...

9. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...ensuring that a company does not have to lose its licence when it loses its agent license holder. 46. Explicitly include a requirement that a temporary licensee be a ‘fit and proper person’ to hold a licence. Ensure consumers are protected and maintain public confidence in the profession. 14 No. Act Amendment Expected impacts 47. Provide the Registrar of the Authority with a discretionary power to exempt an application for a licence from the requirement to...

10. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

    ...the Defendant Judgment: 25 May 2011 JUDGMENT OF JUDGE A D FORD The issue [1] The issue in this case is whether the plaintiff is entitled to be indemnified by her employer for legal expenses she incurred in successfully defending a careless driving charge arising out of an accident occurring in the course of her employment. The end result of the criminal proceeding was that the plaintiff was discharged without conviction. The facts [2] The facts can be briefly stat...