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1. KL v City Standards Committee of the New Zealand Law Society LCRO 026/2014 (6 August 2014) [pdf, 31 KB]

   ...statutory committee established pursuant to s 126 of the Act. Although the Committee is not a court, similar principles apply to the consideration of costs because the Committee makes binding determinations under statutory authority. The Court of Appeal in Coroners Court v Newton considered an application for costs against a Coroner acting in statutory authority, and said:5 In this subject area it is important to keep first principle squarely in mind. Costs will only be awarded (...

2. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 22 [pdf, 115 KB]

   ...attending the hearing. [13] I am satisfied that all these costs were costs that were incurred primarily as a result of Mr Allen’s bad faith or the way Mr Allen managed his defence. In Bradbury v Westpac Banking Corporation4 the Court of Appeal identified that indemnity costs may be awarded where that party has behaved either badly or very unreasonably. [14] Given the circumstances surrounding the claim for costs I accept that it is appropriate to award the actual cos...

3. LCRO 263/2015 DH v EI costs [pdf, 94 KB]

   ...functions in the public interest because of concerns about cost orders. He submitted the same principle ought to be applied to costs awarded by this Office. [10] In support of this submission, Mr GK referred to the judgment of the UK Court of Appeal in Baxendale-Walker v The Law Society which,4 he advises, has been referred to by the Lawyers and Conveyancers Disciplinary Tribunal “on a number of occasions, including New Zealand Law Society v Hall”.5 [11] He included the fol...

4. BORA Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill [pdf, 368 KB]

   ...decision in Ministry of Health v Atkinson HC Auckland CIV-20101-404-287, 17 December 2010 the Court did not accept that discriminatory impact of this kind was required to establish a prima facie breach of s 19. The Crown has been granted leave to appeal the decision. The Supreme Court of Canada in Withler v Canada (Attorney-General) (2011) SCC 12 has recently reaffirmed that discrimination only arises where, taking account of the full context the actual impact of the measure, there is...

5. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...we consider the provisions in the Bill to be consistent with the requirements of s 25(a) NZBORA on the following grounds: 7.1 Justices in performing "judicial functions" have a very limited jurisdiction, and most decisions are subject to appeal or review by Judges operating in a judicial process with its own systemic guarantees of "independence and impartiality". 7.2 New sections 5(2) and 5D(1) exclude any person who is a Justice by virtue of being a District Court J...

6. Committee of Management of Waipiro A13 Incorporation - Waipiro A13 Incorporation (2008) 182 Gisborne MB 1 (182 GIS 1) [pdf, 1.1 MB]

   ...Without the assistance of legal counsel it is highly likely that the Incorporation would not be able to prosecute this case. 182 Gisborne MB 4 Civil Legal Aid [1] Is assistance through the LSA available to the Incorporation? The COUlt of Appeal upheld the decision of the High COUlt in Edwards v Legal Services Agency [2003]1 NZLR 145. In tltis case Mr Edwards and Te Riinanga 0 Muriwhenua, and Te Hau and Te Whiinau o Rongomaiwahine Tl1Ist Incorporated, sought to challenge the de...

7. Auckland District Law Society v Garnett [2009] NZLCDT 15 [pdf, 78 KB]

   ...two counts of using a document. She was sentenced on 6 April by Her Honour Judge Kiernan to three years’ imprisonment on each of the offences. At the time of the striking off hearing in October 2009 Ms Garnett was still awaiting a Court of Appeal hearing on the issue of sentence, in which she was seeking that her sentence be reduced to one of home detention. [6] The details of the offending which forms the same subject matter as the disciplinary proceedings before us is set ou...

8. [2018] NZEmpC 24 Aslam v Transportation Auckland Corp Ltd [pdf, 190 KB]

   ...[2017] NZEmpC 161. [3] Transportation Auckland now seeks an order as to its costs of $14,228. It says that despite correspondence between the parties, no agreement as to costs has been reached. [4] Mr Aslam has applied for leave to appeal this Court’s substantive judgment. It was apparently on that basis that, despite prompting from the Court Registry, Mr Aslam chose not to file any evidence or make any submissions in relation to costs. However, his application for...

9. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...has the right to be consulted. In our view, the chief executive would be required to exercise the discretion in a manner that is consistent with the right to natural justice. This view is supported by new section 26B(5) which enables a person to appeal a decision to the High Court if that person was consulted, ought to have been consulted or has an interest than is greater than members of the general public. Right to Judicial Review Section 27(2) of the Bill of Rights Act affirms th...

10. BORA Border (Customs, Excise, and Tariff) Processing Bill [pdf, 318 KB]

    ...the Bill of Rights Act. Section 22 – Right to be free from arbitrary arrest and detention 12. Section 22 of the Bill of Rights Act provides that "everyone has the right not to be arbitrarily arrested or detained." 13. The Court of Appeal has said that a detention is arbitrary if it is "capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures."[2] Changes to arre...