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1. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...Such property included the remaining proceeds of sale of Property A. (The respondent was not the lawyer who acted on the sale of Property A). Further, the applicant expressly acknowledged that he did not rely on the respondent in any respect. [101] The applicant places great reliance on the “disclosure” clause quoted at paragraph [11] above and on the respondent’s certificate under s 21F of the PRA. 19 [102] The disclosure clause is a representation made by the applicant and...

2. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...one instance of misconduct may, where it is not serious, justify some leniency sanction-wise, recurrences speak of the lawyer’s indifference to professional standards and thus the need for protecting the public from the lawyer’s behaviour. [101] Use of the word ‘misconduct’ here, may give the impression that the author is referring to more serious instances of shortcomings than are involved in this matter, but that is not necessarily the case, as the text primarily relates to...

3. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

   ...common parlance. [100] It is acknowledged that bursitis is a condition, rather than an injury. However, it is accepted that age alone is a significant factor in the development of bursitis, as Dr Nicholson and the other professionals have said. [101] The ultimately question though is whether what occurred on that day caused or contributed to her bursitis. [102] I find that Mr Sara is right to challenge the proposition that because degeneration causes bursitis, that the bursitis c...

4. MOJ0504-Making-parenting-arrangements-workbook-te-reo-Maori.pdf [pdf, 2.8 MB]

   ...91: Weekly plan - Name 92: Weekly plan - Name 93: Weekly plan - Name 94: Weekly plan - Name 95: Weekly plan - Name 96: Weekly plan - Name 97: Weekly plan - Name 98: Weekly plan - Name 99: Weekly plan - Name 100: Weekly plan - Name 101: Weekly plan - Name 102: Weekly plan - Name 103: Weekly plan - Name 104: Weekly plan - Name 105: Text Field 3: Text Field 4: Text Field 5: Text Field 6: Text Field 7: Text Field 8: Text Field 9: Text Field 10: Text Fie...

5. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...that heard submissions on the notified PDP provisions, as quoted by QLDC Hearing of Submissions on Proposed District Plan, Report and Recommendations of Independent Commissioners Regarding Chapter 24 and Wakatipu Basin Planning Maps, Report 18.1 at [101]. https://www.qldc.govt.nz/media/kqzdfmnj/report-18-1-chapter-24-wakatipu- basin.pdf. 22 Wakatipu Basin Land Use Planning Study, Final Report March 2017, prepared for Queenstown Lakes District Council by Barry Kaye, Kelvin Norgrove...

6. [2023] NZEnvC 206 Woolley v Marlborough District Council [pdf, 384 KB]

   ...further information incorporated by a condition can be construed as restricting the description of the activity in the substantive grant of consent to the extent that it is not able to be carried out at all, as the Council contends in this case. [101] I now turn to consider whether that would be an interpretation open to a reasonable observer interested in understanding precisely what U060329 allowed, by reference to the condition. Application of the objective test to the facts...

7. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

   ...traversed in circumstances where a lawyer has been appointed as lawyer for the child. [100] A number of cases have come before the LCRO where complaint has been made about a lawyer’s conduct in the course of the lawyer acting as lawyer for child. [101] Those cases, to the extent that they involve a consideration at first step as to the appropriate process for proceeding a conduct investigation, are closely analogous to the situation here where complaint is made against counsel for a su...

8. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...response from the respondents appeared to have been prompted by the NZLS advice that no response was required from them. Consequently, and although I have come to a different view about that, I intend no implied criticism of the respondents. [101] The second reason was the manifest uncertainty, by reason of the respondents’ silence in response to the complaint and the form of the caveat itself, about the basis on which they honestly believed that there was reasonable cause for the c...

9. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...persuaded the Court that it would be justified in going behind the comprehensive information which has been provided on the part of the union parties, and then make a verification order. [100] The application is accordingly dismissed. Result [101] The timetable for the filing of evidence, including documents for the fixture, commences on 17 July 2023. [102] So that the parties would know promptly where they stood on the issues of disclosure after the filing of their further evid...

10. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

    ...[100] The dictionary meaning is to make a complaint without sufficient grounds for the purpose of causing annoyance. The legal meaning, in short, is to make a complaint without sufficient grounds that has the effect of causing annoyance. [101] As stated in P v H:8 [9] In Dyson v Attorney-General [1911] 1 KB 410, 418 (CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action a...