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1. Lethbridge v The Real Estate Agents Authority (CAC) & Fenton [20181] NZREADT 29 [pdf, 240 KB]

   ...require an oral hearing on appeal in order to ‘get to the bottom’ of the issues”.10 The Court further noted that:11 …there may be cases where, in order to secure the objective of a just and effective right of appeal, the discretion to permit further evidence or carefully limited rights of cross-examination may be necessary and appropriate…The Court will be guided by the usual criteria of freshness, relevance and cogency. Material that would merely elaborate or improve...

2. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

   ...in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene at hearings, mediations and expert conferences 14. The Tribunal will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 15. Any concerns about health and safety practices in courtroom should be raised with the Registrar in t...

3. 2020-12-07 Statement of Evidence of Richard Allibone on behalf of the ORC [pdf, 5.5 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

4. ENV-2016-AKL-000TBA Transpower New Zealand Limited v Auckland Council [pdf, 169 KB]

   ...within the National Grid Corridor outside the National Grid Yard). (ii) The references in D26.5 Notification to Table D26.4.2 (subdivision within the National Grid Corridor outside the National Grid Yard). (iii) The references in D26.6.1 Permitted Activity Standards to D26.4.2. 4 (c) The consequential amendment of the definition of “National Grid Corridor” as follows: National Grid Corridor The area which is within: • 32m each side of the cent...

5. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...financial information, and have never had an audit completed, contrary to the terms of the trust order. [2] Mr Mansfield also claimed that the trustees had been engaging in the improper use of trust funds and assets. He says that the trustees have permitted “embezzlement” and “fraud” by, I infer, failing to understand their obligations and to act appropriately in the discharge of their duties. [3] The trustees’ response was that while there is always room for improvemen...

6. Theobald v Coulter [pdf, 170 KB]

   ...edition 1999). This Agreement included the following clause: 6.0 Vendor’s warranties and undertakings …. 6.2 The vendor warrants and undertakes that at the giving and taking of possession: (5) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by law: (a) The required permit or consent was obtained: and (b) The works were completed in compliance with that permit or consent...

7. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...his move to Australia, Mr Twigley has been employed in low paying jobs for which little qualification is required. Because of that, he has not been able to accumulate any savings of the sort required to set up a practice in New Zealand, were he permitted. That sort of enterprise requires the ability to undertake continuing professional education, access legal library services, pay for premises (probably), pay for practising fees and for insurance (if he is able to obtain this). Unf...

8. [2010] NZEmpC 76 Trans Otway Ltd v Hall [pdf, 38 KB]

   ...arise. [14] Mr Chesterman’s third submission is: It is further submitted that there is no conflict between the provisions of s179 and r 74B(3), as there is nothing on the face of s179 which expressly states that no variation of that time limit is permitted. It simply states what the time limit is. [15] This submission also proceeds on a misunderstanding, in this case what is meant by the term “an express provision in any Act”. What it contemplates is a provision of an enact...

9. Regulatory Impact Statement 2012 Lawyers and Conveyancers ActLawyers Practice Rules practice on own account amendment regulations [pdf, 100 KB]

   ...controlling and regulating the practice of law by barristers sole and by barristers and solicitors, and monitoring and enforcing the provisions of the Act and any regulations and rules under the Act that relate to lawyers. Status quo 2. The Act permits lawyers (ie, barristers and solicitors and barristers sole) to structure their business forms in a variety of ways including partnerships, incorporated law firms and sole practice. Lawyers must meet certain requirements to be entit...

10. [2008] NZEmpC AC 8/08 Taylor & Anor v von Tunzelman [pdf, 39 KB]

    ...satisfied from my consideration of the Authority’s report to the Court, together with the parties’ written submissions on it, that: • Mr Taylor failed to lodge a statement in reply to Mr von Tunzelman’s statement of problem by the time permitted for him to do so on 31 January 2007. That obstructed rather than facilitated the Authority’s investigation and that failure has not been explained adequately or at all by Mr Taylor. • Mr Taylor failed to attend the Authority’s...