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1. EA v BO LCRO 237 / 2010 (29 September 2011) [pdf, 142 KB]

   ...important therefore to examine each Rule to determine the circumstances in which it is to apply. [32] There can only be a finding of unsatisfactory conduct if a specific Rule has been breached. A review of the Rules reveals that this does not permit a Standards Committee to investigate and punish lawyers for conduct outside their professional lives as has been suggested. As noted above, each of the Rules give a clear indication as to the circumstances in which it is to apply, and...

2. NT v OX & B Ltd [2023] NZDT 476 (2 May 2023) [pdf, 248 KB]

   ...this way, did not mitigate their losses, so such costs must be to their account. Further, B Ltd would not be liable for damages of $10,000.00 claimed for distress, time, and harm suffered because these are more than compensatory costs and are not permitted costs for which the Tribunal can award damages. 22. I therefore award total damages of $1,822.67 to the Applicants, calculated as follows: • $870.00, being $435.00 refund per passenger for the value of the domestic flights between...

3. LCRO 174/2017 DN v CI [pdf, 328 KB]

   ...Cook, above n 10, at [10.3]. 14 At [10.3]. 15 See discussion in Sandy v Kahn LCRO 181/2009 (25 December 2009) at [38]. 16 Lawyers and Conveyancers Act, s 4(c). 11 third parties. (d) Parties’ positions [43] A term of the Cleaning Contract permitted the contractor to “assign or sub- contract part of the Contract for Services”. In that event the Contractor was required to: … advise the [School] in writing, either at the time of the [Cleaning] Contract or during the Peri...

4. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

   ...2010 when the initial contract ‘fell over’”. At law, that was a surprising conclusion. [27] The appellant put it that after he had undertaken these extensive enquiries, he was satisfied that the sale and purchase should proceed. He had not permitted execution of the agreement until then. [28] He emphasised that he was very conscious of his legal obligations under the Real Estate Agents Act 2008 and felt he had been very careful and thorough to ensure that a double commission...

5. [2016] NZEmpC 22 Keerithi Merennage v Ritchies Transport Holdings Limited [pdf, 182 KB]

   ...which might otherwise have justified the inclusion of GST in an assessment of costs can still be ameliorated by the Court through an uplift in its eventual award beyond the standard 66 per cent starting point. I favour the latter approach which permits the Court to exercise a discretion as may be appropriate in the circumstances. In the present case, I allow a modest increase for this factor since the plaintiff is not GST registered. [19] I prefer a different approach. As I ha...

6. 2020-02-19 Simon Wilson Reply [pdf, 166 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 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...

7. [2021] NZACC 4 - Ross v ACC (5 January 2021) [pdf, 268 KB]

   ...February 2014, and a Notice of Appeal was filed by Ms Ross on 14 June 2018. Ms Ross submits that her late appeal should be 1 Wildbore v Accident Compensation Corporation DC Wellington Decision No. 094/2006, 14 March 2016 at [53]. 14 permitted because the delay arose from a failure of her representative, not through any fault of her own. [62] I note that Ms Ross’ appeal was lodged four years and over three months beyond the statutory deadline. Nevertheless, it is cle...

8. AVL operating guidelines for senior courts [pdf, 684 KB]

   ...to be used for personal communication. The only persons allowed in the Instruction Suite are counsel or other authorised parties (listed above) who have booked time through the court. No family members, partners or associates of a prisoner are permitted. To prevent unauthorised access, a PIN code or swipe card is required to enter the Instructions Suite. 12 5.4 Counsel obligations It is the responsibility of counsel to notify the court if they no longer require a pre arran...

9. Evidence Brief: Good Behaviour Bonds [pdf, 438 KB]

   ...and Annoyance (IPNA).2 Anyone over the age of 10 years can be given an IPNA when they have behaved in an antisocial manner, for example, drunken or threatening behaviour. Having an IPNA means certain behaviours and actions are no longer permitted, such as visiting a certain area of town or drinking in the street. It can also impose obligations including attendance at rehabilitative programmes. Offenders younger than 18 years can receive an IPNA through the youth court...

10. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

    ...alike as a matter of fairness. Reference was made to cl A14 in this regard, which provides that the defendant company has an employment philosophy of treating people fairly and with respect. It was said that it is unfair that permanent posties are permitted to go home once their deliveries are completed but on-call employees are not. That perceived inequity is what has given rise to the dispute. It was submitted that it was “only fair” that when an on-call employee was called...