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1. Langhorne v ACC [2010] NZACA 11 [pdf, 78 KB]

   ...and should not be penalised by having to bear the full party-and party costs of his adversary as well as his own solicitor-and-client cost. If a party has acted unreasonably - for instance by pursuing the wholly unmeritorious and hopeless claim or defence - a more liberal award may well be made in the direction of the judge, but there is no invariable practice.’ The view of Hammond J in Hamilton City Council v Waikato Electricity Authority (29/09/93, HC Hamilton CP 21/03, noted NZCL...

2. Pita v Ngatiwai ki Whangaruru Whenua Topu Trust - Whangaruru Whakaturia 1D9A and Whangaruru Whakaturia 1D10A (2010) 10 Taitokerau MB 40 (10 TTK 40) [pdf, 130 KB]

   ...ground and employs a manager and staff over the summer period. As for Tuparehuia Marae, that has remained under the control of the marae committee as has been the case since the 1980s. 10 Taitokerau MB 43 [16] The Trust’s financial statements for the camping ground show that only in the last three years has it produced a profit. The Trust has paid income from the camping ground to the marae committee on one occasion to help with insurance premiums and on other occasio...

3. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...and should not be penalised by having to bear the full party-and party costs of his adversary as well as his own solicitor-and-client cost. If a party has acted unreasonably - for instance by pursuing the wholly unmeritorious and hopeless claim or defence - a more liberal award may well be made in the direction of the judge, but there is no invariable practice.’ The view of Hammond J in Hamilton City Council v Waikato Electricity Authority (29/09/93, HC Hamilton CP 21/03, noted NZCL...

4. BORA Border Security Bill [pdf, 72 KB]

   ...question and detain 35. The Bill contains a number of clauses concerning new detention and questioning powers that raise issues in terms of ss 22 (arbitrary detention) and 23(4) (right to of persons detained under any enactment to refuse to make a statement) BORA. The provisions are first outlined and the BORA consistency issues then examined. The new powers 36. Clause 7 of the Bill amends s 22 of the 1996 Act by adding a new subsection 3 under which a person who has (or is suspecte...

5. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...standard engagement letter; (b) The brief; (c) The current information sheet G7; (d) A copy of Schedule 4 of the High Court Rules 2016; (e) A copy of the original application, including any without notice application; (f) A copy of the notice of defence; (g) A copy of any affidavits of the parties; (h) A copy of the lawyer for child report; (i) A copy of the Judge's directions, if applicable; U) Interim reporting requirements (if any); (k) The date for filing of the rep...

6. Milne v Lodge [2010] NZWHT Wellington 3 [pdf, 221 KB]

   ...assessor was of the view that these leaks would continue if they are not dealt with and there would be more extensive damage. [22] The Council did not indicate its view having settled the claim. [23] The Lodges accepted that the assessor’s statement of damage was factually correct though they did not accept that they were responsible for the damage. [24] As the Lodges did not dispute the findings of the WHRS assessor in his report, I accept that the defects outlined in t...

7. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   ...agreed to purchase a property for the family home in M. Against that background, Mr Hong offered to become personally involved in the completion of the X Road purchase. Mr K and Ms D describe that as a joint venture proposal. Mr Hong denies that statement but does not deny his personal involvement in financing the X Road purchase and the events that led to his status as sole legal owner of that property. [8] The balance of the purchase funds for the property were paid to the vend...

8. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...ordinary time (totalling $25,679.42) plus interest.2 [3] The Board was dissatisfied with the Authority’s determination and filed a non- de novo challenge. The scope of the matters at issue on the challenge, as particularised in the plaintiff’s statement of claim, narrowed at the hearing. Counsel for the plaintiff, Mr Harrison, confirmed that the Board was not pursuing an argument as to the justification of the dismissals based on the Authority’s factual findings; rather the...

9. [2023] NZEnvC 262 Puketotara Lodge Ltd v Bluegum Gospel Hall Trust [pdf, 231 KB]

   ...stormwater facility or requiring long-term compliance with discharge quantity and quality standards. [21] The Applicant does not accept that the information provided by the Respondent establishes compliance with conditions of the consent. The defence of 8 “acting in accordance with … a resource consent” under s 319(2)(a)(ii) is therefore not, on the Applicant’s submission, available to the Respondent. However, even if the consent is found to be complied with, the A...

10. [2025] NZLCDT 2 Auckland Standards Committee 1 v Wintour (9 January 2025) [pdf, 193 KB]

    ...(which considered an application to be admitted as a lawyer) requires us to make that determination with a forward-looking focus when considering a charge. That forward- looking focus will become pertinent at penalty stage. [43] As a criminal defence lawyer, Mr Wintour must have known he was prying into information to which he was not entitled. Whether personally or by the agency of another, we find that his access must have involved someone passing themselves off as entitled to i...