Ministry of Justice

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1. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...hllstees needs to be reviewed. Final orders can not be made until all the current trustees are given an opportunity to be heard on why they should not be replaced I expect all of those tl1lstees who wish to continue to justify why they should be permitted to retain their positions. [63] The directions of the Court and the orders I will make in tlus regard are detailed at the end ofthis judgment. APPLICATION A20020006764 [64] The background to this application has been fully traver...

2. Protection order applications December 2021 [xlsx, 93 KB]

   ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...

3. Updated EC Topic Structure incl party comments and Council response 17 November 16 [xls, 93 KB]

   ...that this matter can proceed to Court-assisted mediation in early 2017. 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 progress...

4. [2019] NZEnvC 098 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...upon other parts of the historic area although not directly upon any other archaeological site. This leads to questions as to the extent of this Authority and the extent of the powers of the Court to impose conditions to control the activities permitted by the Authority to protect the wider historic area . The role of this Court on appeal [17] The powers of this Court arise in terms of the Heritage Act as the body which determines notices of appeal made under s58 of the Act. Secti...

5. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...reaction was: he looked a bit angry but he did not contest what I’d said. Mark claims I said “..I’ll sack the bitch”. This was not said I had no reason to say that. It’s not the sort of language I use or have ever needed to use. We do not permit bad language at SP. [26] Ms A was an 18 or 19 year old female employee of the plaintiff at the time, who gave evidence to the Court for the defendant. I suppressed her name as an alleged victim of sexual harassment. [27] Mrs S...

6. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

7. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...[74] In most cases, the decisions were concerned with representations as to existing features or structures, which were capable of being verified: [a] Donkin: the property was misrepresented as a “legal home and income”, when it was not permitted as such; [b] Fitzgerald: the property was advertised as having a “fully fenced yard” with “plenty of room for the children to play”, when the fence was not on the boundary and when moved to the correct position removed a lar...

8. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...Associate Judge Doogue in Brown v Cheung,22 the Tribunal agrees with Mr Young that the rule is expressed permissively and therefore does not set a mandatory practice. English (or Maori with translation) is the language used by the Court. The rule permits evidence to be filed in another language with an accompanying interpreter’s affidavit. [49] We accept that r 160 does not prevent the filing of an affidavit in English by a non-English speaker where the Court can be satisfied th...

9. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...incorporated law firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the lawyer or incorporated law firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the lawyer or incorporated law firm,– (a) is under suspension from practice as a barrister or as a solicitor or as...

10. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

    ...[62] These heads also included an assertion in evidence that Mr Noonan accused Ms Hamon of “double dipping” into TEC funding. There was no evidence that Mr Noonan prevented Ms Hamon from pursuing her activities with Wahine Ora. She was permitted to, and did, deliver two Poutama courses while employed by CILT. No evidence, which would have been available from Wahine Ora students or other third parties, was called by Ms Hamon to corroborate this assertion. Mr Noonan did not...