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  1. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

    ...theft, it is a lesser offence, but it is not trivial, especially in the context of conduct expected from a lawyer. Judge Collins, in sentencing her, described her offending as “if not the most serious of its type, very close to that.”14 On appeal, Venning J said: “I conclude that the Judge was right to find that Ms [Reid’s] offending was serious offending of its type so that, even taking into account the mitigating factors referred to, the gravity of the offending in this case...

  2. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

    ...section 148 of the Land Transfer Act 2017, a person, including the agent of a person, who lodges a caveat against dealings without reasonable cause is liable to pay compensation to a person who suffers loss or damage as a result, and the Court of Appeal found in Gordon v Treadwell Stacey Smith [1996] 3 NZLR 281 that section 148 (or the equivalent section in the previous legislation) extends to solicitors. [8] On 5 April 2022, the applicant’s lawyer sent a further letter to the responde...

  3. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

    ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

  4. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

    ...for “without substantial merit” is objective.28 In Dewes v IAG New Zealand, the CEIT determined the question to be “what ought the party and its advisors have known about the prospects of the argument in question being successful?”29 On appeal, the High Court accepted the CEIT’s approach to the issue.30 [61] In Trustees Executors Ltd v Wellington City Council, Simon France J found that the defendants had advanced a case without substantial merit.31 In considering whet...

  6. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

    ...building work will be completed by reasonably competent builders and to take into account that with the Broadwood villas project, a building company of some substance was involved. [28] Heath J in Sunset Terraces,6 whose decision was upheld on appeal by the Supreme Court, defined the duty of a local authority as follows: In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in...

  7. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

    ...recorded video, even after the guidance in the Solicitor-General’s Prosecution Guidelines was strengthened in 2013. Limited Ministry of Justice data also suggest that alternative modes of evidence are currently underutilised. A 2011 Court of Appeal decision limited the use of pre-recorded cross-examination to rare and compelling cases, in order to:26 25 Criminal Procedure Act, section 97. 26 M v R [2011] NZCA 303. Impa...

  8. [2022] NZEnvC 213 Coneburn Preserve Holdings Ltd v Queenstown Lakes District Council [pdf, 5.2 MB]

    ...HOLDINGS LIMITED & ORS v QLDC – TOPIC 22 – DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 213 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CONEBURN PRESERVE HOLDINGS LIMITED & OTHERS (ENV-2018-CHC-137) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Env...

  9. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

    AJ AND VF BARR FAMILY TRUST v WHAKĀTANE DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 027 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN AJ AND VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKATĀNE DISTRICT COUNCIL Respondent Court: Judge J A Smith Environment Commissioner R M Bartlett Environment Commissioner K A Edmonds...