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1. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...complaint is that Mr BY terminated the retainer as the deadline for briefs of evidence approached. This was an inopportune time for Mr BY to express a wish to cease acting. The new lawyers instructed by Mr AZ were required to devote considerable resources to acquaint themselves with the proceedings. [66] Mr BY’s reason for terminating the retainer was that he considered Mr AZ had lost confidence in the advice being provided by himself and Mr DW. Mr AZ instructed Mr BY to fol...

2. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...my officials and the OPC have identified several issues with its practical implementation, which require some technical amendments to the Act. 29. These issues could also be addressed through a Privacy Amendment Bill, subject to time and resourcing constraints. Privacy Commissioner comment 30. The Acting Privacy Commissioner supports an amendment to the Privacy Act aimed at strengthening the level of transparency where an individual’s personal information is collected indi...

3. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...placement of other project features in floodplains where practicable. (c) Avoiding or minimising exacerbating the existing flood hazard. (d) Culverts on permanent streams with existing or potential fish habitat will be designed consistent with the Resource Management (National Environmental Standards for Freshwater Regulations 202 ("NES Freshwater") Regulation 70. 112. Additional information on the design philosophy is provided in the DCR (Appendix 4 to Volume II). A...

4. Duty Lawyer Policy v 2.13 [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

5. Legal Complaints Review Officer v Morrison [2018] NZLCDT 40 [pdf, 339 KB]

   ...was thus necessary to send a clear message about the seriousness of the conduct and that therefore a censure was appropriate in the circumstances. [40] Mr Collins further urged that we should distinguish Mr Morrison’s claims of being under resourced against the fact of his being overworked. He argued that Mr Morrison’s practice was well established but that he was overworked. [41] In respect of the submission that there was an absence of motive on the part of Mr Morrison, Mr...

6. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...1370 Telephone: 021 997 343 Email: norman.elder@awslegal.co.nz Email: kgr@kelvinreid.co.nz 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 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...

7. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...resolution to the ongoing issues of bovine TB on Tataraakina land and the wider impact on 87 Tākitimu MB 106 neighbouring landowners. The Respondent submitted that he has also taken into account the best use of the Trust’s financial resources in his decision, and that there would be a significant cost to the Trust if it were to implement an entirely ground-based operation. In response to Mr Baker’s proposal of entering into an arrangement like the Ngāti Pahauwera Develo...

8. Waitangi Tribunal Hearing Calendar (24 June 2019) [pdf, 473 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

9. Legal Aid Statement of Financial Position form [pdf, 489 KB]

   ...• For example: • parent • guardian trustee Relationship to applicant page 7 PART B Financial statement of partner/other person Notes • The income and assets of a partner (or parent/guardian) are treated as the resources of the legal aid applicant in order to determine financial eligibility and repayment of a grant. • Answer questions to the best of your ability. Estimates are required if accurate information is not available. Do not repeat any joint...

10. Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252 (45 WAR 252) [pdf, 137 KB]

    ...regardless of the outcome of the present proceedings, the owners represented by Mr Kīngi were continuing with their appeal in the Court of Appeal to have all of the trustees removed. As foreshadowed, it may be sensible, taking into account the resources of the trust and the significant calls that have already been made on the Special Aid fund, to defer any further meeting of owners until the appeal is determined. Decision [42] George Habib is appointed a responsible trustee by way...