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1. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...Petersburg Drive, Flagstaff, Hamilton and to remove the container from the property. The appeal sought cancellation of the abatement notice on the basis that the shipping container qualifies as Public Art as defined in the District Plan and is a permitted activity, thus there is no breach that justifies the abatement notice. [2] On 13 October 2023, a stay of the abatement notice was granted pending the resolution of this appeal. [3] Following a hearing, the abatement notice was c...

2. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage-v6.pdf [pdf, 334 KB]

   ...• Accommodation Flights: If there are no available seats on flights, we will let you know and you may wish to think about a different form of travel. Driving: We can make rental car bookings if the driver has a full license and is legally permitted to drive. The Ministry will not be liable for the costs of any damage caused or fines incurred during travel, including costs of any damage or fines involving use of rental cars. Taxi/Shuttles: We can also provide taxi chits and pr...

3. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...landscaping work. However Mr Rooney submitted that even for this, the cause of action dated from when the plastering work was done, not from when the landscaping was complpleted. This is because the ground levels were as provided for in the building permit and the cause of action arose due to the plasterer’s work rather than the work of the landscapers. 12. The submissions made by the respondents relied on a number of leading cases including Hamilton City Council v Rogers (Hi...

4. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...obviously required that it is not needed to be discussed, or if it is necessary to make the contract work, or if the law would require the implied term for other reasons. 8. In the circumstances where the landlord has made it clear that drug use is not permitted in his property, I consider it a reasonably implied term that a person who uses drugs in the property would be required to have a professional clean carried out to ensure there was no residue or similar remaining. 9. MD sa...

5. M Ltd v P Ltd [2023] NZDT 416 (30 August 2023) [pdf, 200 KB]

   ...SU representing P Ltd indicated that she needed to record the hearing and needed a record of it for evidence in relation to other matters. She said this was a bank issue and the bank needed to be sued. 8. The Tribunal repeated that she was not permitted to record the hearing and unless she was able to confirm that she was not recording, the Tribunal would not allow her to take part in the hearing. SU would not confirm that she was not recording and continued to state that she was goin...

6. [2022] NZREADT 3 - IE v REAA (15 March 2022) [pdf, 189 KB]

   ...determination on or about its date. As the Tribunal has no express power to extend time, it cannot accept the current application which is well out of time.4 [37] The Tribunal’s general statutory discretion to regulate its own procedure does not permit it to assume powers not provided by Parliament.5 If Parliament intended the Tribunal to have a power to extend the time for review applications, it would have added it when s 111(1A) was amended in respect of appeals. OUTCOME...

7. GM v TT LCRO 31 / 2011 (24 November 2011) [pdf, 90 KB]

   ...Conveyancers Act 2006. Under subsection (c) a Standards Committee may exercise its discretion to take no further action where it is of the view 2 that the complaint is frivolous or vexatious or is not made in good faith. Subsection (f) permits the Standards Committee to exercise its discretion to take no further action if it considers that there is in all the circumstances an adequate remedy or right of appeal (other than the right to petition the House of Representatives or...

8. Duty lawyer instructions for Papakura & Pukekohe courts [pdf, 68 KB]

   ...duty lawyers: dependability experience competence the particular skills the duty lawyer can bring to the team on a list day, or suitability to meet the requirements of non-list days. 28. “Swapping” of sessions is no longer permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of providing a roster that meets the courts’ requirements. Non-attendance or non-availability when roster...

9. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...reasonable? (b) Did Mr XS file an unsecured creditors claim in relation to his fees which was inconsistent with a draft settlement statement issued to [Company A] on 30 April 2015? If so, do any professional standards issues arise? (c) Did Mr XS permit his client to uplift all of [Company A]’s legal files and destroy them (without keeping copies)? (d) Did Mr XS fail to answer Mr VS’ request for details about what work he undertook and how he calculated his account? [6] In re...

10. Duty lawyer instructions for Waitakere District Court [pdf, 71 KB]

    ...the team as a whole. 30. Supervisors will ensure that members of their own firm or chambers are not given opportunities for replacement over and above those provided to other available duty lawyers. 31. “Swapping” of sessions will not be permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of team-based rostering – ie setting up teams of duty lawyers who have the desired range of skills and attribu...