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1. [2016] NZSSAA 002 (12 February 2016) [pdf, 31 KB]

   ...considered to be chargeable income in the assessment of Temporary Additional Support. [17] Having ascertained the appellant’s chargeable income, it then is necessary to ascertain allowable costs. Telephone [18] Since the appeal was first filed, the Ministry have agreed to include telephone costs of $20 per month or $4.61 per week as an allowable cost in the assessment of Temporary Additional Support. We understand this cost was first claimed by the appellant on 25 July 2014. Th...

2. AO v ZH LCRO 301/2011 (12 March 2014) [pdf, 60 KB]

   ...that I suspected that FF and AO “proceeded on the basis that the procedure that was available under the Law Practitioners Act 1982 where bills of costs were subject to revisions by cost revisers, was still in operation”.2 In his submissions filed in relation to this part of the review, FF has done nothing to cause me to think otherwise. He argues that all a complainant has to do is to raise a complaint about a lawyers fees, and that has the effect of shifting the burden of pro...

3. Justice Sector Crown Law forecast 2015 to 2019 report [pdf, 342 KB]

   ...1 Crown Law also handle a small number of other cases such as cases in the Youth Court and cases involving proceedings under the Criminal Procedure (Mentally Impaired Persons) Act that dispose prior to a Crown Prosecution Notice being filed. These cases are not being forecast, as their numbers are not large enough to do so reliably. 2 http://legislation.govt.nz/regulation/public/2013/0178/latest/DLM5193812.html Page 6 5. The forecast Table 1 and Figure 1...

4. JQ v QM LCRO 97 / 2011 (28 August 2012) [pdf, 84 KB]

   ...threshold for a finding of ‘misconduct’ under this section, the Committee concluded that the conduct did not reach the threshold that rendered the Practitioner unfit for legal practice. [11] There is nothing on the Standards Committee’s file to show that Counsel’s further submission was provided to the Complainant for his comment but arguably that is not significant because the Applicant’s position was made very clear in his complaint and so the Committee had the views o...

5. JY v QD LCRO 111 / 2011 (10 September 2012) [pdf, 70 KB]

   ...rather were a result on the part of AEU who wrongly paid the funds to QC. [12] Two other arguments are raised on review. First, that the omission to pay the $1,000 bequest was an error of an unnamed solicitor in the firm who was handling the file and not of Mr JY. Second that his co-trustee refused to make payments under the power of advancement to Ms QD. [13] Mr JY has accepted that there was an oversight in respect of the payment of the $1,000 legacy and has apologised for th...

6. Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Tautuku Survey District (2017) 42 Te Waipounamu MB 284 (42 TWP 284) [pdf, 180 KB]

   ...proceedings, the inconsistency of their evidence, the applicants’ success in the proceedings, and the respondents’ ongoing frustration of the Court’s order. [10] The respondents did not attend the injunction hearing on 1 May 2015 and did not file written submissions. However, emails received by the Court make it clear that they were aware of the hearing. 5 The respondents claimed to have sent an email notifying the applicants that they had removed their livestock from the Hea...

7. [2016] NZEmpC 176 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc and Others [pdf, 97 KB]

   ...third defendants so that there are now no issues of costs in respect of them. [2] The plaintiff seeks costs from these defendants in the sum of $32,000 and an order for reimbursement of its hearing fees of $751.23. This case, having been filed in 2015, is not subject to the Court’s pilot guideline for scale costs. [3] I agree with counsel for the plaintiff that it has been predominantly, but not completely, successful in the litigation although what might be called elemen...

8. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...is acceptable c. It is agreed that the cumulative effect of all wind farms should also be considered IDENTIFICATION OF PUBLISHED INFORMATION & PRIMARY DATA RELIED ON 5. Local Information: a. Local bird records in the ornithological society files b. E-bird observations c. Evidence of Rachel McClellan from Wildlands at the Council hearing d. Data gathered by Murray Efford from sound recording he undertook on the Coast and North of the site (DJO will give the contact details of...

9. Hawke’s Bay Standards Committee v Dender [2017] NZLCDT 39 [pdf, 227 KB]

   ...therapy. [21] We also note that Mr Dender attended a full 18 week course at SHINE as well as further one-to-one sessions with the instructors there (SHINE is a programme to deal with domestic violence offenders). [22] We note that the charges were filed on 18 July 2017 and by 8 August 2017 he had, with the assistance of his counsel admitted the charge and negotiated an agreed penalty. Discussion [23] We consider that, having regard to the serious nature of the offending but th...

10. E34 Ross Roberts - Geotech - EIC - Council [pdf, 702 KB]

    ...AUCKLAND 1562 2 1. INTRODUCTION 1.1 My full name is Ross Christopher Roberts. 1.2 My evidence is given on behalf of the Auckland Council (the Council) in its regulatory capacity in relation to the direct referral application filed by Panuku Development Auckland Limited (Applicant) seeking resource consents for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area and...