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1. LCRO 42/2018 MF v Standards Committee (10 October 2018) [pdf, 262 KB]

   ...requiring the lawyer to hold the funds in a trust account as a stakeholder must adhere strictly to those terms and disburse the funds only in accordance with them. [42] In W v Auckland Standards Committee 3 of the New Zealand Law Society the Court of Appeal said:7 [47] As Mr [WJ] rightly accepted, the law has always regarded it as important that practitioners honour their undertakings. This is reflected in r 6.07 of the Code of Professional Conduct then in force. Practitioners and t...

2. Bartlett - Kakiraawa 2B 2F 3 (2018) 73 Tākitimu MB 1 (73 TKT 1) [pdf, 478 KB]

   ...16 See Mato – Nukutaurua 3C3B (1987) 32 Gisborne Appellate MB 217 (32 APGS 217); Muraahi v Phillips – Rangitoto Tuhua 5521B and 551BA2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528); Yates – Te Kōhanga Lots 1, 3-27 (2013) 63 Taitokerau MB 299 (63 TTK 299); and Raumati – Urenui Pa (Lot 2 of Part Subdivisions 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) http://www.

3. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

   ...referral process (at least in part) is to speed up normal resource consent application processing. Direct referral avoids the usual two-step process whereby resource consent applications are initially heard and determined by local authorities and then appealed to the Environment Court by persons who might be dissatisfied with the outcome of the initial hearing. Large scale projects and/or those attracting very high public interest where there is a high degree of likelihood of appeal...

4. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...of dismissal was defective notice. The Authority said the dictionary definition of “notice” means to provide an indication of a future event or “advance notification or warning”.14 [17] Reference was also made to dicta from the Court of Appeal in Ioan v Scott Technology NZ Ltd, in which it was held that the mere fact of a payment in lieu of notice does not itself prevent a termination from being a summary dismissal.15 [18] On the strength of its findings as to fact, the Aut...

5. [2022] NZREADT 28 - Harris (14 December 2022) [pdf, 136 KB]

   ...text refers to a letter dated 9 May 2022 from the Registrar. This is a mistaken reference to the Registrar’s letter of 6 May 2022. 4 it had not been reported. He was advised to send proof by 5 pm that day, otherwise he would have to appeal to the Tribunal. [11] Mr Harris accessed an online verifiable training provider and completed the training on 24 May 2022. Prior to 5 pm that day, he duly provided the record of completing 20 hours of training on the same day.2...

6. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

   ...April 2001. 5 [14] A judicial discretion, however broad, must be exercised on a principled basis even where there is no express statement of principles. The fundamental principles as to the making of declarations were set out by the Court of Appeal as follows (citations omitted):2 [141] It may be worth reiterating the fundamental principles. First, there must be an actual controversy between the parties (or as it is sometimes put, a real and not a theoretical question to be a...

7. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...did not wish to incur further costs by actively participating in the review. Nature and scope of review [64] The High Court has described a review by this Office in the following way:17 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

8. DT-guide-to-completing-the-application-form-Tongan.pdf [pdf, 213 KB]

   ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...

9. 20241003 Mental Health Bill [pdf, 246 KB]

   ...b. a person may not use force unless they are exercising a specified power in an emergency, there is no reasonable alternative to the use of force, and they use the minimum force that is reasonably necessary in the circumstances. The Court of Appeal in Rosso v R noted that while there is an element of subjectivity in assessing what force is reasonably necessary (for example, there must be an actual belief), the test is objective.12 The purpose of using force will be to enable the...

10. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

    ...percentage approach. 12 319 Waiāriki MB 200-233 at 206. 13 Submissions of counsel for the applicants, John Kahukiwa, 30 October 2023, at 82; Vincent v Lewis (2006) 25 FRNZ 714, [2006] NZFLR 812 at [81]; This summary was also cited by the Court of Appeal in O’Neill v O’Neill [2021] NZCA 585 at [16]. 322 Waiariki MB 39 [13] Mr Kahukiwa specified factors I need to consider in making orders:14 …the next guiding principle is just the nature of what we’re dealing with in...