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1. AM v ZM LCRO 48 / 2010 (25 February 2011) [pdf, 131 KB]

   ...attributes of a barrister. It is his duty to not keep back from the court any information which ought to be before it, and he must in no way mislead the court by stating facts that are untrue, or mislead the judge as to the true facts, or knowingly permit a client to attempt to deceive the court. How far a barrister may go on behalf of his client is a question too difficult to be capable of abstract definition, but when concrete cases arise one can see for oneself whether what he h...

2. Short - The Pukeroa Oruawhata Ahu Whenua Trust (2010) 5 Waiariki MB 297 (5 WAR 297) [pdf, 154 KB]

   ...Introduction [1] The trustees of the Pukeroa Oruawhata Trust (“the trustees”) have filed an application pursuant to s 244 of Te Ture Whenua Māori Act 1993 (“TTWMA”) seeking to vary their trust order. [2] The trust order at clause 3(x) permits the payment of a trustees’ honorarium of $90,000.00 per annum for six trustees. The trustees have the power to determine how that honorarium is to be allocated amongst themselves. [3] The application before the Court seeks to vary t...

3. Fagan v CAC 20005 & Sinclair [2013] NZREADT 64 [pdf, 50 KB]

   ...offer from the purchaser trust. [44] We agree with Ms Smith that Rule 9.21 is clear and must be observed at all times. We also agree with Ms Smith that the fact that the licensee, Mr Sinclair, was informed of the GST status of the vendors did not permit him to disclose that information except that, in the context of the negotiations relating to the transaction in question, it was reasonable for him to infer that permission. We agree with Ms Smith that, by its very nature, the GST statu...

4. Abbot v Macclesfield LCRO 40 / 2009 (29 May 2009) [pdf, 94 KB]

   ...is an inference drawn by Mr Macclesfield from notes he took at a meeting. While his argument is tenable, it is equally tenable that there was no discussion of the fact that fees would be deducted from the funds when received. While a lawyer is permitted to act on oral instructions, there are obvious evidential difficulties should the existence of those instructions be questioned. Moreover, given the fact that the law requires Mr Macclesfield to deal with trust funds at Mr Abbot‟s...

5. LCRO 173/2018 YN v LT (7 March 2019) [pdf, 186 KB]

   ...behalf that he was overcommitted and did not have time to take on her case. That account of events if it had been provided, would have grounded a solid defence to accusation that Mr LT had, without good cause, refused to act for Ms YN. Rule 4.1 permits a lawyer to refuse to act, if they do not have time to devote to the client’s case. 13 [73] In his submissions filed on review, Mr LT makes it abundantly clear that he refused to act because he considered that Ms YN’s case l...

6. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...advised it would be preferable to move the dwelling to preserve the investment she has already made. Regarding further cladding work on the house subsequent to the grant of injunction, Ms Faulkner noted that it was her mistaken belief that she was permitted to weather proof the framing under the terms of the injunction. She apologised for her oversight and undertook to refrain from carrying out any further work on the dwelling. 173 Waikato Maniapoto MB 7 Respondents’ subm...

7. E55 Heather Kirkham - EIC - the Crown [pdf, 694 KB]

   ...of the harbour in this location would only be able to run from Wynyard Point east to the outer end of Princes Wharf. g) Such a proposal would inflame the public ire to the point where it would over-ride and make irrelevant any legal process to permit the construction of new breakwaters.. h) Therefore because of the effect of the Doctrine of No More Intrusion this Application is the last opportunity to create waterfront space adequate to host an America’s Cup, Volvo Ocean Race an...

8. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...the Court to make an award. Because of the unusual course that this case took it was incumbent upon the defendant to ensure that the plaintiff was aware of all aspects of her claims before it made its decision to conduct itself in a way which permitted the defendant to pursue her remedies without opposition. I therefore accept Mr Brant’s submissions that it would prejudice the plaintiff if the defendant was allowed to amend her pleadings after the judgment dealing with the remed...

9. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...repealed the Maternity Leave and Employment Protection Act 1980 (MLEPA), which also used the phrase “date of confinement” in ss 9, 11, and 12 without definition. MLEPA repealed the Factories Act 1946, which stated in s 38(1): “No woman shall be permitted, during the period of six weeks immediately following her confinement, to work in any factory other than a factory in which only members of the same family are employed.” Section 38(1) of the Factories Act 1946 appears to ha...

10. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

    ...Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which New Zealand is a party, confirms that everyone shall be free to leave any country, including his or her own.1 However, the ICCPR permits certain restrictions on this right, including where it is necessary to protect national security, public order, or the rights and freedoms of others. 2 29. As outlined above, clauses 23, 26, 30, 33, and 34 provide for the refusal of iss...