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1. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...note that complaints about fees must be made within two years unless special circumstances apply: See clause 29 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. If cross-examination was permitted, P would face questions about conduct that occurred some time ago and, in some cases, more than seven years ago. [26] The Tribunal brings to this case its combined wealth of experience of dealing with the elderly. Elderly clien...

2. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 KB]

   ...nothing in the review decision about it. 6 [21] On 28 September 2021, an appeal hearing was held before Judge McGuire. At the hearing, counsel for the Corporation submitted that Mr Renton’s attempt to pursue a second claim should not be permitted on three grounds, namely, res judicata, issue estoppel and abuse of process. Counsel submitted that to permit Mr Renton’s treatment injury claim to proceed would require the very same factual territory as was exhaustibly surveyed...

3. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   ...new application to the Council dated 16 May 2019 for resource consent to construct and operate a film studio on the Porchester Road site. This application has been made relying on the Environment Court's declaration that film production is a permitted activity in the industrial zones. [18] Counsel for Alpha submits that the new application for resource consent has potentially significant implications in relation to Alpha's judicial review proceedings and he submitted that...

4. Employment Court Practice Directions [pdf, 492 KB]

   ...from the list of courts excluded from the application of the Electronic Transactions Act 2002, there is still some doubt about whether the Employment Court Regulations 2000 requiring pleadings and other documents to be filed in paper form will permit the filing only of electronic versions of these. In due course, it is expected that there will be express statutory provision for the electronic filing of documents. Until then, many parties will continue to file electronically, even if...

5. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...blood test. 4 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives – 2024 test or a fluid sample sufficient for laboratory analysis where required (new section 72(1)(f)). 22. If a person fails or refuses to permit an enforcement officer to take a blood specimen from them under new section 72(1)(f), the Bill enables the officer to exercise all or any of the powers under section 121(2) of the principal Act, which include forbidding that person from dr...

6. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

   ...the Grants Handbook • for a Provider Approval Level 3 or 4 case, the defendant is able to choose their own lawyer. If the defendant does not have a genuine preferred lawyer one will be assigned by the Legal Aid office. Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty l...

7. Stryder v Accident Compensation Corporation (Interest on backdated weekly compensation) [2024] NZACC 124 (24 July 2024) [pdf, 184 KB]

   ...Stryder v Accident Compensation Corporation [2021] NZACC 7, at [98]. 4 [16] On 2 May 2022, a Reviewer considered Mr Stryder’s review applications (as noted in paragraph [13] above). Mr Stryder’s submitted (inter alia) that the Corporation permitted an unreasonable delay in: correctly calculating his weekly net abatement and weekly net entitlement; paying the backdated interest on the $134,344 gross amount; and not correctly calculating his weekly net abatement and net enti...

8. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...particular issues for decision now, I need to set out the flurry of events that began almost immediately after the end of the hearing on 10 September 2010 and continued, intensively, over following weeks. The defendants say that Mr Haig should not be permitted to rely upon those matters raised after the close of the interlocutory hearing. They explain, although only partly, the very regrettable delay in finalising this judgment. [15] The first event was the filing of a short mem...

9. [2020] NZEmpC 39 Metropolitan Glass & Glazing Ltd v Labour Inspector [pdf, 283 KB]

   ...Glass’s payroll system, each of its affected employees has entitled annual holidays calculated as at the nominated date. [43] Each affected employee can apply to take entitled annual holidays for the closedown period. [44] Metropolitan Glass permits its affected employees to take annual holidays on pay for the period of the closedown up to the employee’s annual holiday entitlement balance. [45] If there are any remaining entitled annual holidays at the end of the closedown...

10. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

    ...expressly allowed by a national environmental standard or a resource consent or is an existing use allowed by section 10 or section 20A of the Resource Management Act 1991 . C1.9. Infringements of standards (2) An activity that is classed as a permitted, controlled or restricted discretionary activity but that does not comply with one or more of the standards applying to that activity is a restricted discretionary activity unless otherwise specified by a rule applying to the parti...