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1. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...depend exclusively on the claimant’s word is to be avoided. If difficulties were to arise in this regard, they could no doubt be overcome by allowing the witness to make a submission or give evidence wholly or partially in camera, or under the protection of an undertaking that no use would be made of the statements outside the proceedings in which they were given. This possibility is envisaged by s 52(4)(a). [34] I have omitted the numerous footnote references in the foregoing p...

2. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...were unable to be fulfilled. If that were the 10 case, his subsequent conduct has compounded the potential problems that may arise from this. [52] Mrs LS asserts that Mr TD has breached rules 2, 7, 11, and 11.1 of the Conduct and Client Care Rules.18 [53] Rule 7 provides: I am not sure that rule 2 is applicable, but I agree that rules 7, 11 and 11.1 are. I also consider that rule 10 is applicable. Disclosure and communication of information to clients 7 A lawyer...

3. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...subject land was one security item in a list, you know. Mr Takarangl: Okay. Mr Nash tells me, Sir, that that was a nominee company loan that was registered against this title. It's in the historical search Sir. I actually spotted that and was careful to make sure that that mortgage had been discharged in an earlier title. Court: I see. So in essence what you're saying is as far as you are aware this wasn't a loan from a bank. Mr Takarangi: No it wasn't. Mr Jeremy...

4. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

   ...as the price and the date when they would be required to pay on the settlement date. That last question in turn was tied up with the question of when titles were likely to issue. [25] It was the obligation of the licensee to provide reasonably careful and honest advice on these matters at the point where the parties signed the agreement. The question is whether Mr He breached that obligation. 5 BD 118 [26] It would have been o...

5. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

   ...self- referring a compensation claim. If it reverses or modifies a decision of a Committee, it may exercise any of the powers that the Committee could have exercised, including a referral under s 93(1)(ha). This is consistent with the consumer protection focus of the Act. Access to the Tribunal should not be unduly deterred. [40] In self-referring, the Tribunal would have to be satisfied of the existence of the same criteria as the Committee would have to be. The Committee’s...

6. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...that the financial losses he has experienced by the delay in settlement, and then needing to resell the property at a loss, flow from this alleged failure of the licensee. In fact, the standard clause 6 of the agreement seems to provide sufficient protection for Mr and Mrs Burn. We have not been told whether they are seeking recourse from Mr and Mrs Smith pursuant to clause 6. [50] Ms Keating, as counsel for the licensee, accepted that there are two issues, namely, did the licensee...

7. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...the signing of the Treaty of Waitangi. Have faith in the young people of our nation to take this coun- try to a bicultural destiny, one which respects our unique cultural and bio diversity. Have faith in our reo and our tikanga, as the means to protect our unique heritage. A spirit of gen- erosity must prevail between the part- ners of the Treaty, respect for the land and the diversity in cultures.” We acknowledge the huge amount of work Sir John did for the Tribunal, both forma...

8. Proprietors of Pipiriki Township v Cripps (2025) 518 Aotea MB 91 (518 AOT 91) [pdf, 300 KB]

   ...regis’ was first issued in the 12th century and used to punish forcible transgressions against the King’s peace (British King). Although the tort evolved over time, it remained directed at physical transgressions against a person; in a sense, it protects their personal space. There is a similarity with trespass to land, in that the ability to possess land without anybody entering uninvited is directly connected to a person’s ability to peacefully go about their life. In that sen...

9. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...maps of the FBAs contains two typographical errors which should be corrected before the maps are included in the District Plan. (1) "Sights of Natural Significance" should read "Sites of Natural Significance"; (2) "Lake Side Protect on Areas" should read "Lakeside Protection Areas". 3 [2J The court recorded that the Consent Order "concludes these proceedings". That was over-optimistic (and incorrect) because there is one outstanding i...

10. Name suppression processes for victims of sexual violence [pdf, 493 KB]

    ...linked. The law presumes that victims of interpersonal crimes want their names suppressed.1 Section 201 of the Criminal Procedure Act 2011 provides for automatic suppression of a defendant’s identity in incest-related cases with the stated purpose of protecting the complainant. Section 203 in turn provides for automatic suppression of the complainant’s identity in all sexual offence cases (including incest).2 However, some victims believe some offenders use the excuse of ‘protecting’ t...