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1. Gibbs-Smith - Te Tii (Waitangi) A Māori Reservation (2015) 104 Taitokerau MB 193 (104 TTK 193) - (PDF, 225 KB) [pdf, 224 KB]

   ...deadlock to the taumata? Second, was it appropriate for Mr Dargaville to be involved in the resolution of the deadlock given that he is the partner of Ms Taurua? [42] Turning to the first issue, the starting point is that the law in general does not permit a trustee to delegate his or her job. Trustees have a duty to act personally. 2 [43] Regulation 17 of the Regulations provides guidance on the appointment of trustees to executive positions, r 17(c) to (h) being of particular...

2. Environment Court annual report 2002 [pdf, 139 KB]

   ...application of strategies to the types of cases they frequently encounter, and training to enhance their ADR skills in an overall sense. 7. CONFERENCES AND MEETINGS This year the Court held a number of regular, and more specialised meetings. This permitted Judges, Commissioners and registry staff alike, to focus on specific issues including case management and mediation. Principal Environment Judge Allin presented a keynote address at the Australia-New Zea- land Planning Congress, held...

3. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...The scale of the access works may be relevant to the landscape and amenity assessment. (There may be other effects). It is my understanding that the effects of the works can be taken into consideration even though they are on road reserve and/or permitted under the District Plan. As discussed, in Beadle v Minister of Corrections3 Judge Sheppard considered case law addressing the consequential effects of granting a resource consent. The principles distilled from the case law include:...

4. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...litigants such as Ms Mackrell, and it was made by the Tribunal here. But lay litigants, like litigants who are professionally represented, are required to comply with the pleading rules and procedures of Tribunals and Courts. They are not to be permitted to file incomprehensive claims, because that only visits prejudice and injustice upon the respondent, not to mention enormous inconvenience to the Court or Tribunal. Mr Dean’s claim in relation to prejudice or delay [25] Mr Dean’...

5. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) [pdf, 124 KB]

   ...casual jobs have also been created due to this investment. 57. Short terms associated with water consents will compromise the values of vineyards and make development of additional productive area prohibitive. The costs of securing the short term permits are rapidly escalating and will redirect money to funding these applications rather than developing more productive land. 58. Water is applied in a very effective and efficient manner in accordance with industry best practice. Add...

6. Romford v Marlborough LCRO 123 / 2009 (15 December 2009) [pdf, 95 KB]

   ...the duty of confidence in Rules 8.2 and 8.4. However, I do not consider that any of those exceptions applies here. Had Mr Marlborough believed that he was at risk then it would have been appropriate to disclose that on the basis of r 8.2(b) which permits disclosure if “the lawyer reasonably believes that disclosure is necessary to prevent a serious risk to the health or safety of any person”. [40] I also recognise that it is proper to be open to other exceptions to the duty of...

7. LCRO 216/2020 YH v DP (29 July 2021) [pdf, 176 KB]

   ...mother’s law firm XYZ]. The Committee was of the view that while Mr DP’s fees were high, that was not a reason, in and of itself, to declare special circumstances. [27] The Committee correctly identified that only “special circumstances” permit assessment of fees issued more than two years prior to a complaint being lodged. It also correctly stated that “special circumstances must be abnormal, uncommon, or out of the ordinary.”4 [28] However, I have some difficulty dis...

8. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...responsible trustees. If they are not going to work the land themselves as lessees through their trust, then that concern would no longer exist. As foreshadowed, while I acknowledge that the standard wide powers trust orders used in this district permits the awarding of contracts to trustees or their immediate whānau, provided the intent of s227A of the Act is adhered to rigidly, as set out in Fenwick v Naera, Clarke v Karaitiana is good authority for the rule that where conflicts...

9. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...Appeal in Chief Executive, Unitec Institute of Technology v Tertiary Education Union.6 That decision considered the effect of s 43 of the Act, where there is a negative ballot of union members. It held that where that occurs, the parties are not permitted to continue bargaining. [29] The Court went on to comment on the dicta of the Service and Food Workers case relied on by the defendants. It said:7 6 Chief Executive, Unitec Institute of Technology v Tertiary Education Union...

10. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

    ...patient from communicating adequately. 23. Once a compulsory treatment certificate has been signed clause 56 also entitles every patient to obtain a second opinion about their condition. If the approved specialist agrees to a consultation, they must be permitted access to the patient. We note that no such entitlement to a second opinion is explicitly stated in the process leading to a compulsory treatment certificate being signed. This means that arguably there is no mechanism to seek in...