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1. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

   ...paid for the house, and what the next lowest bidder was prepared to pay”. [58] [Law firm B] referred to matters relating to causation to dispute the possibility of any order for compensation being entertained. They then refer to the Court of Appeal judgment in Roberts v Jules Consultancy Limited (in liquidation).12 In that case, the Court held that “the normal measure of loss in such a case (often termed a “no transaction” case) is the difference between the price paid and th...

2. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...died and that Mr YO and Ms SM were appointed executors of Mrs TM’s will. Nature and scope of review [36] The High Court has described a review by this Office in the following way:15 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 invol...

3. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...authority of Atkinson v Auckland District Law Society (NZLPDT: 50/8/90, N Marque, Chair) preferring the approach in Australia in relation to a medical practitioner; Pillai v Messiter (No. 2) (1989) NSWLR 197, 200, a decision of the Australian Court of Appeal. In the C decision [33] the Court held: “To conclude, the Atkinson test adopted by the Tribunal incorrectly includes within the definition of professional misconduct falling within s.112(1)(c) and in other respects, is not par...

4. Tāite - Succession to Tukino Te Heuheu Tāite as administrator to the estate of Pateriki Tāite [2025] Chief Judge's MB 1925 (2025 CJ 1925) [pdf, 531 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [13] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the court or the...

5. Robinson v Robinson - Succession to Gary Robinson (2025) 288 Waikato Maniapoto MB 290 (288 WMN 290) [pdf, 297 KB]

   ...(c) one of them dies. [14] I need to decide whether Kath and Gary’s marriage ended prior to Gary’s passing. Section 2A(2)(a) states that a marriage between two people ends if they cease to live together as a married couple. The Court of Appeal in Carol Margaret Drummond v Jack Townsend stated that:6 … s 2A(2)(a) of the Act stipulates, “for the purposes of this Act”, that a marriage ends if the husband and wife cease to live together as husband and wife. The key words...

6. Ministry of Justice Annual Report 2020-21 [pdf, 6.4 MB]

   ...We are over 4,000 people working across Aotearoa. We host the Joint Venture Business Unit and are part of the Joint Venture, Family Violence Sexual Violence. We support the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, District Court and Specialist Courts. We also provide support to 28 tribunals in New Zealand. We contract with over 2,000 community-based and non-governmental service providers to support people moving through the just...

7. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...employment”? [33] Whether what Talley’s describes as “seasonal employment” is what is known in employment law as fixed term employment, is a fundamental issue in the case. This issue has not been addressed previously, at least in this Court or on appeal from it, in relation to the fish processing industry. Talley’s claims that the employment of Mrs Turner was of a “seasonal” nature rather than of indefinite duration, but was not “fixed term” employment. It says th...

8. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   ...by the Court, notwithstanding that the description of any parcel or parcels in such orders may not have been formally amended; and the District Land Registrar shall issue certificates of title according to such plan when sighed by the Judge. No appeal shall lie from any amendment or variation of any order under this section. [28] Sections 44-45 of Te Ture Whenua Māori Act 1993 read as follows: 44 Chief Judge may correct mistakes and omissions (1) On any application made unde...

9. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...chattel. There is no ability to succeed to any such order, it not being an interest in land and the order is treated as being personal to the holder and lapsing on death. 14 (2007) 7 Whangarei Appeal MB 19 (7 APWH 19) 318 Aotea MB 230 Anyone who wishes to sustain a further claim for the house needs to apply for another order. [53] More recently in Stock v Morris – Wainui 2D2B Judge Ambler acknowledges that there is competing...

10. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

    ...Commission at [6]: 6 Defendants have made recent use of the Official Information Act 1982 to obtain information from the police or other prosecuting agency which might bear upon an alleged offence. The practice has developed since the Court of Appeal held in Commissioner of Police v Ombudsman [1988] 1 NZLR 385 that the right under the Act to “official” or “personal” information could be used for purposes of a pending trial. However, the Act is unable to meet all the needs of d...