Search Results

1. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...27. This approach is more limited than the courts, which have full discretion to award costs and expense, but: 6 27.1. allows the Tribunal to consider awarding costs as a way of encouraging parties to focus on quick resolution; and 27.2. protects claimants against exposure to a high financial risk, possibly making filing with the Tribunal more attractive to some claimants. 28. This approach is consistent with provisions in tribunals such as the Disputes Tribunal and the We...

2. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...multidisciplinary teams of experts – Role of lawyer – advocate – Role of expert – objective / impartial expert – Planners should not become advocates – Lawyers role critical • The Application – Application needs to be prepared very carefully – Prescribed forms – Needs to reflect strategy – Make sure it covers everything client needs to do – Cannot get what you do not apply for! – Arapata Trust v Auckland Council • AEE – Section 88 / Schedule 4 set...

3. [2016] NZEmpC 169 Robinson v Gillon & Maher Plumbing Ltd [pdf, 152 KB]

   ...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 only be made after careful consideration and in a case in which the claim has little chance of success. Access to the court’s for a genuine plaintiff is not likely to be denied. Of course, the interests of defendants must also be weighed. They must be pr...

4. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...decision-making processes had been conveyed to the two lay trustees previously. 5 Mr Ed Johnston was struck off on 26 July 2013, for dishonest dealings including conflicts of interest and failure to protect clients. 6 [20] On arrival, the family waited some 10 minutes or so in Mr Johnson’s reception area before being seen by him for approximately 20 minutes. When they enquired about where Ed Johnston was, it was Ms D’s and...

5. Legal aid for civil family disputes - Māori [pdf, 850 KB]

   ...whakarekereke ā-whare • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Mental Health (Compulsory Assessment and Treatment) Act 1992 • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. Ētahi atu kōrero Mō ētahi atu kōrero mō te āwhina ture, whakapā atu ki tō tari āwhina ture o tō rohe, haere rānei ki te paetukutuku a Te Tāhū o te Ture justice.govt.nz/legal-aid Mō ētahi atu...

6. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...Media Ltd [2011] NZEmpC 139. 7 Reg 6(2)(a)(ii). 8 [2005] ERNZ 1053. 9 At [13]. [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 10 as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adver...

7. LCRO 196/2019 FL v ND (8 June 2020) [pdf, 123 KB]

   ...the Review Officer had proposed. [20] No response was received from either party. [21] On 20 May 2020, correspondence was forwarded to the parties advising that the Review Officer would be proceeding with the review. [22] 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. [2019] NZEnvC 143 Granger v Dunedin City Council [pdf, 2.3 MB]

   ...application be declined. While the appellants did not appeal against the conditions of consent, the conditions are material to our determination of this appeal and go to the heart of the reasons for the appeal, which asserts that the decision fails to protect the outstanding natural landscape and natural character of the coastal environment. [10] As matters stand, we are not satisfied that we have a proper understanding of the level of effects on the environment that could ensue....

9. [2019] NZEnvC 189 508 Chapel Road Partnership Trust v Auckland Council [pdf, 2.2 MB]

   ...activities, which is to provide for the community's social, economic and cultural wellbeing, while being compatible with the scale and intensity of development anticipated by the zone so as to contribute to the amenity of the neighbourhood and the protection of residential character and amenity. 5 [17] The JWS goes on to identify that although the noise issues were not the reason for refusal, they were satisfied with some amendments to the conditions and the noise management ....

10. Stender v Evans - Tokata A15 (2006) 75 Ruatoria MB 214 (75 RUA 214) [pdf, 283 KB]

    ...that they did not talk to the whanau first. The Evans Whanau have told Mr Trevor Evans that the title to the land is sacrosanct but that he should explore ways of building the enterprise on his land to ensure the well-being of his family is taken care of, particularly now that he is so ill. I note no health certification was produced to support the proposition as put regarding the state of Mr Evans' health. [20] Mr Evans submitted that his brother, would not have applied to hav...