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1. 2021-04-23 TAs - MOC - submissions [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

2. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

   ...Housing New Zealand Knox Home Trust Board Housing New Zealand Vernon, K ENV-2016-AKL-000243 Vernon, K [67]-[74] Housing New Zealand Ryman Healthcare Ltd Retirement Villages Association of New Zealand ENV-2016-304-000067 PAUP-059/063 Residential –Permitted Threshold H3.?.? H4.4.1(A3-A4, A33); H4.5; H4.8.1(2)-(5); H4.8.2(2)(3)(15)(16); H5.4.1(A3-A4, A34); H5.5; H5.8.1(2)-(5); H5.8.2(2)(3)(15)(16) ENV-2016-AKL-000197 Adams, Robert All Housing New Zealand Vernon, K [4 in total] Can progr...

3. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...to communicate with her. He also asserts that he communicated with Mr BW by telephone and skype as well as by email and that the Committee did not take these communications into account. [45] Mr Lukas relies heavily on his view that he was not permitted to communicate with Dr CV for reasons of privacy. He says that Dr CV was not applying for a visa as “New Zealand citizens do not need permanent residents visas to stay in New Zealand”.26 [46] He says that Mr BW and Dr CV “...

4. LCRO 87/2019 G OR v F HM (10 July 2020) [pdf, 259 KB]

   ...information, or “cause any use to be made” of the information “by others otherwise than for” the client’s, or former client’s “benefit”.17 11 Section 4(c) and (d) of the Act. 12 Required and permitted exceptions are set out in rr 8.2 and 8.4 of the Rules respectively. 13 Black v Taylor [1993] 3 NZLR 403 (CA) at 407 and 408. Such information has been described as the “getting to know you principle”, that is, information...

5. Waata v Namana - Hurunuiorangi X3 (2023) 102 Tākitimu MB 263 (103 TKT 263) [pdf, 322 KB]

   ...removal and inviting them to tender to their resignation or discuss this matter 102 Tākitimu MB 268 at a meeting with the other responsible trustees on Sunday 2 October. The letter goes on to state that: …no lawyers will be present or permitted just the other responsible trustees to discuss this matter in a closed forum, feel free to bring along one support person to the meeting. The letter concluded by saying that the trustees were making a special effort to convene...

6. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...He followed this up with an email on 1 May 2018 setting out a number of questions she should ask the lawyer. This included whether the arrangement was allowed under employment law, given the visa was employer specific, and also whether she was permitted to go to the store to gather information or to do the work. [28] On 7 May 2018, Mr Mercado responded to the visa officer’s letter of 20 April 2018. He said that DEFL traded as the [named] café and ABCL as the [named] store. The...

7. AODT Operational Policy - DELETE [pdf, 271 KB]

   ...to discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...

8. Legal aid induction guide for legal aid providers [pdf, 402 KB]

   ...evidence are large and complex and there’s a substantial volume of documentary evidence. The Crown must also be represented by at least 2 counsel. The junior counsel takes a secondary role under the supervision of the lead provider and isn’t permitted to undertake the substantive hearing even if the lead provider is unavailable. Junior counsel can be of a lower listing approval category than the lead provider and will be remunerated up to their own approval category (not the proce...

9. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...shares in the residue land. I am also of the view that the special nature of Māori land partitions requires that in many cases this position must obtain. I am not certain however that the present wording of the Act and in particular Section 180/53 permits this to be done at law, particularly in the face of the legal definition given to the word “partition”. Certainly the distinction between “subdivision” and “partition” is now not important as it was when in re Rehuot...

10. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

    ...decisions as he saw fit, he himself might well have benefited from taking professional advice from a colleague with some knowledge of and experience in employment law. But, for the purposes of this judgment, it was unfair of Mr Hardie to not have permitted Dr Round to do so. It is not sufficient to say that it did not occur to Dr Round to ask for a postponement of the meeting to take legal advice and be represented. In all the circumstances of the case, that opportunity should ha...