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1. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...whereabouts (sensible as that is) could be enforced. Should the lawyers have taken Ms TJ’s concerns about her safety more seriously? [100] Ms TJ explained the circumstances which prompted concern that Mr TJ presented a risk to her safety. [101] Without wishing to minimise Ms TJ’s concerns, the events she identified would not, in my view, have provided the lawyers with basis to conclude that they could advance the protection remedies available to Ms TJ with any reasonable prosp...

2. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...into whether Mr BV had breached any professional duties or obligations owed to CAT. [100] However, further delay will inevitably cause inconvenience to both parties. There is benefit for the parties in bringing this matter to conclusion. [101] I am also mindful, that whilst the Committee amended the complaint to exclude Mr BV, its investigation, whilst progressed in the guise of a complaint against ZEN, inevitably paid close attention to the steps taken by Mr BV. 17 [102] T...

3. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...Detailed Site Investigation Soil & Rock Consultants 20762 22 Dec 2020 Site Management Plan Soil & Rock Consultants 20762 12 Jan 2021 Waste Management Plan Rubbish Direct 2 Dec 2020 Drawing Title Author Ref Dated Site Plan FORMiS A1101 Rev B 07/05/2021 Ground Floor Plan FORMiS A1301 Rev C 12/08/2021 Block Plans FORMiS A1351 Rev D 28/01/2021 Block Plans FORMiS A1353 Rev D 28/01/2021 Block Plans FORMiS A1354 Rev D 28/01/2021 Elevations FORMiS A2001 Rev C 15/12/...

4. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...Mr Drach answered that they had approached "nine parties in the immediate area and ended up selecting three to testify" in support of the appeal. 15 1Vlichael Ly11ch, Brett Nlercer a11d Alasdair Gardi11er [34] Mr Lynch's dwelling (101 Dawson Road) is orientated to face over Seaton Valley and intervening ridges, not the Site. He understood a "fundamental principle" is that there would be no further density of development within Estates. Under cross-examination...

5. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...the part of the employee. [100] Mr D said in evidence that the day was overcast. That too may have been a contributory factor relevant to whether a conclusion of breach of a policy requirement justifying discipline could have been reached. [101] Turning to the assertion of the failure to immediately report a vehicle incident, I proceed on the basis that Mr D wanted to notify Ms C as to what had occurred immediately after the incident but was unable to do so. His ordinary hours of...

6. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...Ms RQ fair and reasonable for the services provided? [100] Ms RQ rendered four invoices (exclusive of GST and disbursements): (a) 1 August 18 $5,670.00 (b) 28 August 18 $2,235.00 (c) 12 December 18 $4,250.00 (d) 30 August 19 $3,500.00 [101] Ms RQ did not compile a record of her time recorded on the file. [102] I agree with the Committee’s conclusion that it would have been desirable for Ms RQ to have maintained time records. It considered that its ability to assess the fee...

7. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...would be determined in the course of considering the appeal. DISCUSSION [100] There is a preliminary issue as to whether QH can adduce various items of evidence not provided to the Committee. Whether further evidence can be produced by QH [101] As noted above, this appeal is a rehearing of the case as presented to the Committee. A party is not entitled as of right to produce a new version of the events or new evidence. The Tribunal can, however, give leave to adduce new evid...

8. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...particular, was not "on" the variation. Even the potential for the existing heritage listings was not an outcome that a person reading the notified documents would reasonably contemplate as an outcome of the submission and hearing process. [101] Although inadequate heritage protection was raised in the Murray submission, the permissible scope of submissions was framed by the notified variation and accompanying information, particularly the s32 report which were obviously...

9. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...awards will be modest; (j) frequently costs are judged against a notional daily rate; and (k) the nature of the case can also influence costs and this has resulted in the Authority ordering costs lie where they fall in certain circumstances. [101] In Da Cruz the Court was satisfied that those principles are appropriate and consistent with the Authority’s functions and powers.29 In the same case the Court 29 At [45]. concluded that there was nothing wrong in principle...

10. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

    ...Beneficiaries. Charities. 1/3 each. Banking Mandate. [CT] trust. Send [AR] deed of trust. Get back to [WU] with amount of loan and interest rate. More budgeting. Go to see share broker. Make [MQ] appointee of trust in [CT]’s will. [101] To conclude the discussion about this meeting, Mr MQ asserts that Mr CT instructed Mr WU to amend his will. Mr WU was a party to the conversation and says that matters were left on the basis that Mr CT would consider matters and let...