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1. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

   ...taking of fees, did accept that the wording of the charge could have been better framed. 10. For Mr McGuire, Mr Lithgow QC opposed the amendment. He noted, inter alia, that the amendment application was made some eight months after a Court of Appeal 1 decision had confirmed that section 66 Legal Services Act was not breached until a lawyer actually took an unauthorised payment. The Standards Committee had been aware of that decision, as it related to the dispute between Mr McG...

2. 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...

3. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...certain key provisions were removed from the Bill that was to become the Employment Relations Act 2000. [45] The immediate incentives for the parts of the 2004 amendment at issue in this case were probably the judgments of this Court and the Court of Appeal in a case in which a union had agreed with an employer that terms and conditions of employment for non-union employees would include the payment of a mandatory “bargaining fee” to be paid to the union2. This Court concluded...

4. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...evidence filed identifies some further concerns. 45. PC13 has been a time and resource-hungry process for the Council. It was first notified on 19 December 2007. The Council released its decision on 18 August 2009. That was subject to approximately 10 appeals. The appeals were heard in Twizel and Christchurch in August and September of 2010. The Environment Court's first interim decision was released in December 2011. 46. That interim decision was appealed by Federated Farmer...

5. [2022] NZEnvC 264 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 2.2 MB]

   WILLOWRIDGE DEVELOPMENTS LTD & ORS v QLDC – TOPIC 28 TRANSPORT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 264 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule to the Act BETWEEN WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2019-CHC-17) …(continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J...

6. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...NZBORA (right not to be subjected to disproportionately severe punishment).9 25.2. An award of $450,000 in damages in 2022 for the excessive imprisonment an offender was subjected to as a result of the third strike sentence.10 This decision has been appealed to the Court of Appeal. 25.3. In a recent three strikes case the High Court stated that a mandatory sentence without any judicial discretion would breach s 25(a) (right to a fair and public hearing by an independent and impartial c...

7. Ministerial forum on alcohol advertising & sponsorship

   ...consider whether further restrictions should be placed on the marketing of alcohol. The Sale and Supply of Alcohol Act 2012 introduced stronger controls on alcohol advertising and promotion, such as making it an offence to promote alcohol in a way that appeals to minors and bans free or heavily-discounted promotions. The Ministerial forum on alcohol advertising and sponsorship will gather evidence and expert advice about the effectiveness of possible advertising or sponsorship controls. Find ou...

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   4. Sale & supply of alcohol

8. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

   ...case in line with Hamlin41 rather than the validity of an insurance claim (Newlands)42 negligence of solicitors (James)43 or misstatements in a registered prospectus (Murray).44 Mr Davie pointed me to Baragwanath J’s finding in the Court of Appeal 40 Analogous to Thom v Davys Burton [2008] NZSC 65, [2009] 1 NZLR 437 at [25]–[26]. 41 Hamlin above n 38. 42 Newlands v Sovereign Insurance Company Ltd [2014] NZHC 803 at [36]...

9. Decisions

   ...decisions are published, and not all decisions can be found through our finder. Find out more about using the decision finder.  View the full list of where to find decisions for each court or tribunal. Decisions for the High Court, Court of Appeal and Supreme Court can be found in the Judicial Decisions Online. There are also tools to help you find publications or forms, as explained on the  Document finders  page.

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10. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

    ...warning, such sum did not adequately compensate the plaintiff in the present case for each of the wrongs she suffered. [18] Turning to the quantum of the award, Mr O’Sullivan reviewed a number of relevant decisions of this Court and the Court of Appeal along with two decisions of the Authority. He also noted that in Commission of Police v Hawkins1 the Court of Appeal had confirmed that there was no established range or ceilings within which compensation awards for non-economic lo...