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1. GLCADS v Bishop of Auckland (Camera In-Court Application by TVNZ) [2013] NZHRRT 16 [pdf, 53 KB]

   ...fair hearing. [11] It has been accepted that the requirement of a public hearing is not pressed to the point where publicity causes unfairness: Scott Optican and Paul Rishworth “Minimum Standards of Criminal Procedure for Trial, Sentencing, and Appeals” in Paul Rishworth and others The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) 663 at 670 cited with approval by Mallon J in Television New Zealand Ltd v Green [2009] NZAR 69 at [23]: [22] In light of these s...

2. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...reimbursement for the cost of the care she provided to him and as recompense for the unnecessary stress placed on her by ZW’s actions. [7] In August 2013 AD was awarded court costs of $5,155 on the personal order which ZW and the estate solicitors are appealing. [8] ZWZ, who is in her late eighties, did not attend the Tribunal or wish to participate in this dispute. Issues [9] The issues are: (a) Whether the Tribunal has jurisdiction to hear this claim? (b) If so, whether AD...

3. The Rakiura Tītī Committee v Davis (2017) 44 Te Waipounamu MB 86 (44 TWP 86) [pdf, 1.3 MB]

   ...exclusively for the way in which disputes arising under them are to be resolved".3 The High Court has described the language of reg 6(2) as broad and including "any other dispute arising out of these regulations" and the Court of Appeal has found that the Maori Land Court has no jurisdiction over any matter that thc RTC is empowered to finally decide under reg 6(2).4 {17] Birding activities include all activities related to birding; suc·h as entry onto the islands, a...

4. Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (2016) 147 Waiariki MB 37 (147 WAR 37) [pdf, 209 KB]

   ...Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184); Manuirirangi v Paraninihi Ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64); Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court 64 (2011 APPEAL 64) at [8]. 147 Waiariki MB 41 [17] In this case the application for review was bought on the basis that the trustees did not provide information when requested, including financial information relating to trust accounts. The...

5. [2016] NZEnvC 255 Save Erskine College Trust v Erskine Development Limited (formerly known as A Good Day Out Charters Limited) [pdf, 292 KB]

   ...to implement the HASHAA consent dated 19 December 2016 unless or until: (a) Section 193 approval is obtained from the Applicant (and then in accordance with any conditions that might be imposed on that approval by the Applicant); or (b) An appeal (if required) to the Environment Court under s 195 is determined (and then in accordance with any conditions that may be confirmed or modified by the Environment Court). [22] Mr Dunning, having traversed the allegedly unhappy history...

6. Complaints Assessments Committee 403 v Misa NZREADT 11 [pdf, 176 KB]

   ...26150: “Demonstrate knowledge of methods for sale of real estate in New Zealand”. [33] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____...

7. Complaints Assessments Committee (CAC 409) v Wong NZREADT 16 [pdf, 175 KB]

   ...of $1,500 to the Authority, within 20 working days of the date of this decision. [30] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____________...

8. Stockman - Lee (2016) 117 Waikato Maniapoto MB 298 (117 WMN 298) [pdf, 180 KB]

   ...defendant otherwise agrees or the court otherwise orders, a plaintiff who discontinues a proceeding against a defendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance. [21] The Court of Appeal authorities of Kroma Colour Prints Ltd v Tridonicatco NZ Ltd 10 and Earthquake Commission v Whiting & Ors and IAG 11 confirm the following principles: 2 [2011] Māori Appel...

9. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...the practitioner faced was one where that conflict “screamed out” to him. There was no room for ambiguity. This was a personal transaction between himself and the client. [10] Counsel has referred to the decision of the English Court of Appeal in Longstaff v Birtles,1 where it was said: “ …..that in the context of the relationship the proposal gave rise to a situation in which the duty of the solicitors might conflict with their interest; and that they acted in breach of...

10. Auckland Standards Committee 4 v Kennelly [2021] NZLCDT 8 (23 March 2021) [pdf, 120 KB]

    ...relevant features of the practitioner, disciplinary history). Similar cases [8] Mr Davey referred to Hong v Auckland Standards Committee No. 31 where suspension of four months for failure to comply with disciplinary sanctions was imposed on appeal. Gilbert J referred to the fact that fines had previously been imposed in such cases in New Zealand. In Hong, characterisation of the default as “misconduct” was not addressed on appeal. [9] Mr Atkinson referred to several cases...