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1. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...on the evidence before us at this stage. [35) For clarity, we set out our key findings from the earlier decision. They are to be found late in that decision under headings "The Core Issue" and "Assessment". [36) In paragraph [101) we recorded a strong statement by a plant pathologist called by the Director-General. Dr I Horner: The long-term survival of kauri forest depends on preventing the spread of kauri dieback into these "clean" areas of forest. If...

2. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [pdf, 180 KB]

   ...[2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 13 [59] There are no submissions from the complainant. [60] On behalf of Mr De’Ath, Mr Moses has filed a statement of reply (20 February 2019). [61] No party has sought an oral hearing. ASSESSMENT [62]...

3. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...the client to provide the instructions, and the lawyer to follow them. If Mr VX was doing more than providing firm advice and, as Mr ZQ suggests, “strong- arming” him into doing something he didn’t want to do, that would be unacceptable. [101] But I am not persuaded that Mr VX’s advice to Mr ZQ, considered in the context of what has been described, overstepped the boundary of firm advice to that of forceful directive that had compromised Mr ZQ’s ability to make his own decis...

4. LCRO 223/2020 LD v BD and HW (27 May 2021) [pdf, 219 KB]

   ...the Court of Appeal. The memorandum traversed the jurisdictional issues raised by the removal application, noting that the Employment Court’s leave can only be granted once the ERA has made a decision declining to remove the proceedings. [101] Ms BD argued that because of this fundamental jurisdictional barrier to Ms LD’s removal application being considered by the Employment Court, in dismissing it the Court should order her to pay indemnity costs. [102] Ms BD described the...

5. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...recorded, we are astonished that a lawyer, visiting a client in prison, would see it as acceptable to even note such a proposition. Mr O’Connor says he did not take any funds in reliance on 6 Submissions 26 April 2022, Bundle 61 at [4]. 7 Bundle 101. The file note also directed Mr O’Connor to pay, through Mr Coles’ online banking, a sum of $7560 to Public Trust (relating to his father’s estate) and to “Rose for dog care…”. 6 that note. Nonetheless, we find M...

6. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...number and was granted subject to 30 MTP legal submissions at [31]-[32]. 31 MTP reply submissions at [8]. 32 Giddens affidavit affirmed 28 July 2021 at [37]. 33 MTP legal submissions at [20] and AFFCO v Far North District Council A6/94 1B ELRNZ 101. 34 WDC legal submissions at [35]. 10 separate conditions.35 [31] The District Council’s planning officer, Ms Johnson, explained that it is common practice for proposals of this nature to be applied for and processed together....

7. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...redundant and they become unemployed; Teacher W receives a $60,000 gratuitous 16 This emerges from a reading of the Voluntary Options part of the collective agreement. 17 See Nath v Advance International Cleaning Systems (NZ) Ltd [2017] NZEmpC 101 at [66]. payment from the Parents’ Association in recognition of their years of contribution to the school community; Teacher W pursues a personal grievance against the Board of Trustees claiming that their dismissal was proced...

8. [2021] NZACC 85 - Fenton v ACC (15 June 2021) [pdf, 195 KB]

   ...injury of 16 December 2015 caused his present shoulder condition. [100] Accordingly, the appeal is allowed and the decision of WorkAON of 30 May 2016 suspending entitlements in respect of the appellant’s shoulder condition is reversed. [101] Should there be any issue as to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: McBride, Davenport, James, Wellington for the respondent...

9. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [pdf, 250 KB]

   ...visa application, the issue as to the appellant’s remuneration (that any retainer or commission may be excluded by the immigration criteria) and appropriately warned the appellant as to the risks of the application. ORDER FOR SUPPRESSION [101] The Tribunal has the power to order that any part of the evidence or the name of any witness not be published.4 [102] There is no public interest in knowing the name of the adviser against whom the complaint is made, nor would that be fa...

10. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

    ...boring”. Her later comment to Dr Scott in respect of the same role was “I could probably do that”. [100] In respect of the receptionist job option the appellant agreed with both Ms Dermer and Dr Scott that she could probably do the role. [101] Mr Peart on behalf of the appellant emphasises the appellant’s lack of computer skills and the need for the appellant to be computer and digitally literate. He says that she is not. He notes that after the training the appellant no...