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1. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...exercised with great care and it is only in rare and exceptional cases that it should be exercised in favour of a trial taking place or continuing, particularly if the defendant is unrepresented. 5. In exercising that discretion, fairness to the defence is of prime importance but fairness to the prosecution must also be taken into account. The judge must have regard to all the circumstances of the case including, in particular: (i) the nature and circumstances of the defendant&...

2. LCRO 127/2017 EZ v UO [pdf, 265 KB]

   ...expressed to him. [49] Mr UO’s retainer was terminated before discovery was completed. He had provided initial advice in respect to the caveat that had been registered and general matters. Proceedings then having been commenced, he had drafted a statement of defence, attended to initial discovery, appeared in Court and responded to various administrative matters as required by the Court. 10 [50] The matter was settled in March 2016, some thirteen months after Mr UO’s ret...

3. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...Demolition at this stage, feel free to do so”. 89) I note that Mr B had moved out some time prior to the demolition. He was part of the discussion with Ms F about changing the order and he and his lawyers and advocates had at various stages made statements that the house was ready to be demolished. There is disagreement over who decided to change the timing of the demolition, but that does not need to be resolved. However, Southern Response was part of the decision to change the...

4. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...have the intention of changing or suppressing sexual orientation or gender identity. However, they are likely to cause less harm than practices that are specifically targeted toward a person. 35. We considered whether the definition should include a statement that a practice is a conversion practice whether or not the recipient consented. Victoria’s definition Proa cti ve ly Rele as ed 7 includes such a statement, following strong representations from survivors there that it...

5. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...to the Court of Appeal, the fraud proceedings were filed on 17 March 2009. These proceedings sought orders that the findings, directions, orders and decisions of Judge Shaw in the proceedings WRC 17/04 and WRC 19/05, which are detailed in the statement of claim, were obtained for the benefit of the defendant by fraud, that they be set aside and be of no further effect and the defendant be held in contempt of Court and pay a fine. The plaintiff also sought to have the statements of...

6. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...in other proceedings be able to recover damages for the same harm. [61] Looking at the defamation proceedings in a little more detail, these proceedings will require (inter alia) consideration whether: [61.1] The defendants published particular statements to third parties and that those statements harmed Mr Cooper’s reputation or standing; and [61.2] That those statements are not covered by any of the defences set out in the Defamation Act 1992. [62] As pointed out by Mr Cooper in...

7. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   ...property (on the Linwood Road frontage) together with two fire damaged dwellings (one of which was damaged in late 2022 and the other of which was damaged some years previous). [3] The immediate area around the site is described in the Joint Witness Statement (JWS) - Planning as rural including some clusters of rural residential sites, with the wider context framed by the urban development of the Hingaia peninsula to the East; the Karaka North Precinct to the West and rural properti...

8. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...Mr JQ’s boat loan was not included in the list of the trust’s liabilities in Annexure “A” to the consent memorandum. [9] The trust sold the property. Settlement took place on 12 February 2016. That morning the bank provided a repayment statement to Mr DO. The repayment statement, as well as requiring repayment of the bank loans listed in the consent memorandum, required repayment of Mr JQ’s boat loan. [10] At that time, Ms DC was in Norway visiting her son. Mr DO atten...

9. Turner v University of Otago [2021] NZHRRT 18 [pdf, 443 KB]

   ...favour of the University. Sixth request: 12 April 2013 [68] In the context of an exchange of correspondence about Dr Turner’s personal grievance, Mr Forster by letter dated 12 April 2013 addressed to Dr Adams requested: [68.1] Information how statements dated 21 March 2013 by John Canton and Anita Admiraal had come to be provided. It is necessary to explain here that both statements concerned the contingency arrangements put in place on 15 February 2013 when Dr Turner had failed to...

10. [2007] NZEmpC WC 14A/07 CE of the Department of Corrections v Tawhiwhirangi [pdf, 170 KB]

    ...Tawhiwhirangi has cross-challenged with a number of allegations against the department including breaches of common law and statutory obligations. He also seeks penalties for his suspension and breaches of statutory duty as well as compensation and reinstatement. [3] Evidence about compensation and reinstatement was given at the hearing but it was agreed by counsel that reinstatement would be dealt with separately because there may be extra evidence to be given, especial...