Search Results

1. Sanders v King - Part Parish of Whangape Lot 15B Block and Parish of Whangape Lot 15C (Urupa) (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109) [pdf, 216 KB]

   ...instrument which contravenes provisions of Part 4, Part 7 and Part 8 of the Act. [81] At paragraph 74 I cited three authorities which confirm the Court must grant a confirmation if the conditions of s 152 have been satisfied. Whilst that is a correct statement as to the law, I note that in all three cases the comments made were obiter. Secondly, none of those cases involved the situation that is before me which is that the proposed mortgage will contravene a number of provisions i...

2. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

   ...by Mr and Mrs Lochead-MacMillan is entirely coincidental. The factors we have taken into account have to some extent been adverted to earlier. We expand on them now. [47] First we address s 85(4) of the Act which provides that while it is not a defence to proceedings under ss 82 and 83 that the interference was unintentional or without negligence on the part of the defendant, the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant....

3. BORA Law Reform (Epidemic Preparedness) Bill [pdf, 219 KB]

   ...Court in Duff v Communicado Ltd6 that freedom of expression should generally be defined widely and question of limits on the right should generally be determined pursuant to section 5 of the Bill of Rights Act. However, we do not consider that a statement of an individual's address is sufficiently expressive so as to attract the protection afforded by section 14. 60. The requirements of new section 97E(6)(d) do not compel any individual to disclose any opinion they hold, or to...

4. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

   ...the course of the hearing counsel for the respondents modified that position and it seems that the main complaint was in respect of a failure to plead the claim for mesne profits on trespass. [21] Counsel for the appellants referred us to the statement of response and counterclaim dated 16 May 2014 filed by the respondents, where direct reference is made to quantum meruit, and to an express, constructive or resulting trust. These matters were raised by the respondents themselves,...

5. [2018] NZSAAA 2 (31 July 2018) [pdf, 422 KB]

   ...says: “It could be that you had a serious: • Illness that put you out of action for some time (eg, glandular fever) • Accident and ended up in hospital for a while. Or you may have other special circumstances, eg you’ve been in a Civil Defence emergency, like a flood or earthquake. It doesn’t include reasons like: … • you weren’t interested in the course.” 5 [16] Consistent with the absolute wording of the performance requirement in reg 30(1), both th...

6. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...to be made and the consequences of them. [64] The footnote to r 13.3 cites as an example of the application of the rule: … a lawyer should never seek or agree to a consent order without the client's authority, nor should a lawyer for the defence in a criminal trial disclose, without the client's authority, the fact that the client has previous convictions or other charges pending. [65] It will be noted that the duty in this rule is “subject to the lawyer's overridin...

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

   ...that the evidence of both Ms PQ and Ms MD should be viewed from a context of them both being close and supportive colleagues of Mr BV, but as officers of the court, lawyers can be expected to be acutely mindful of their obligations to ensure that statements made in sworn affidavits are accurate and truthful to the very best of their knowledge. [137] I do not think it probable that a senior practitioner of Ms MD’s experience, or a junior practitioner in the early stages of a legal...

8. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...granted) and any conditions applying to them will have a significant impact on the sound envelope from the port activities. In particular any consents in the Coastal Marine Area (CMA) will engage with policies under the New Zealand Coastal Policy Statement (NZCPS). Given the recognition of a Significant Ecological Area (SEA) within the western footprint of the regional port area, and the SEA proximity to the port, issues under policies 11, 13 and 15 are engaged. The Significant Bir...

9. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...support. He was asked whether he wished to add anything to what had been discussed at the first meeting. Ms C said his responses to date did not give her confidence that he took responsibility for working in a safe manner. She referred to a statement made by Mr D that it was not his fault he had not seen the sign. [49] Mr D said he believed this did not warrant dismissal, taking into account his total service history and the volume of work done since the last incident. [50] T...

10. [2021] NZREADT 28 - New Zealand LJ International Limited & Zeng (15 June 2021) [pdf, 327 KB]

    ...the Act. [52] Ms Davies submitted that there had been an ongoing lack of co-operation with the Committee’s investigation, which meant that the Committee had not been able to establish a clear factual picture. Ms Davies referred to Mr Zeng’s statement to the Tribunal that deposits had been paid to vendors’ solicitors’ trust accounts and submitted that this could easily have been explained to the investigator. She submitted that if Mr Zeng had provided this advice, the long...