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1. C v H LCRO 49 / 2009 (27 May 2009) [pdf, 21 KB]

   ...raised until very late in the day and was in fact not raised at all in the rent review process itself (which appears to have been finally resolved by agreement). It is fair to say that the point is a highly technical one. [14] The Court of Appeal has stated that a lawyer is not liable "for mistake in a nice and difficult point of law but he must measure up to the degree of professional competence which would be exercised by the reasonably competent and careful solicitor in...

2. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules)] the Committee confirmed that “lawyers also have a fundamental duty to act on instructions from their clients and to keep these confidential”.5 [9] The decision cites a Court of Appeal decision which examined a lawyer’s duty to their client, and concludes its discussion of the complaint by stating that: 6 To investigate [the complaint] would unavoidably require inquiry into the instructions between lawyer and cli...

3. Sell v Harris [pdf, 27 KB]

   SUMMARY Case: Sell & Anor v Harris & Ors File No: TRI 2008-101-000001/ DBH 02592 Court: WHT Adjudicator: P McConnell Date of Decision: 13 May 2009 Background The claimants filed a claim in the Tribunal for damages arising from their leaky home. In seeking an award of $285,160.88 for the loss they suffered, the claimants pursued claims against the first respondent (Mr Harris - builder), the second respondent (Auckland City Council - territorial authority), the th

4. The Proprietors of Potikirua Block Incorporation v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 248 (2013 CJ 248) [pdf, 200 KB]

   ...Appellate MB 64 (15 WGAP) and Riddifordv Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184). These are authorities for the following principles: 3 Henare v Maori Trustee -Parengarenga 30 (2012) 2012 MaoriAppellate CaurtMB 540 (2012 APPEAL 540) at 541-543. ( ( 2013 Chief Judge's MB 251 a) The Court has au absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to...

5. Auckland District Law Society v Dorbu [2010] NZLCDT 25 [pdf, 195 KB]

   ...the main subject matter with which the proceedings were concerned and to which seven of the 12 charges related – that is the Barge proceedings. [3] Mr Dorbu’s involvement in those proceedings is best summarised by reading from the Court of Appeal judgment in that case which we record at paragraph [69] of our June decision and I repeat that now: “... Standing back and looking objectively at the available material, the following is revealed. Once Mr Barge had turned down the $3...

6. BORA Business Law Reform Bill [pdf, 392 KB]

   ...Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 3 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

7. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

8. BORA Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Bill [pdf, 306 KB]

   ...beneficiary parents, and 18 and 19 year old beneficiaries considered at significant risk of long term welfare dependency. 7. The Bill makes several changes to the Social Security Act unrelated to the extension of the Youth Service: limiting third party appeals, authorising payment of terminal benefits into deceased beneficiaries’ accounts, and authorising payment of money on payment cards to young people. These changes do not engage the Bill of Rights Act. 8. The Bill also retrospe...

9. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...proceedings, I am not satisfied that there is such a strong case for security that causes this case to be an exception to the Court’s longstanding reluctance to make such orders, other than in truly exceptional cases. Further, as the Court of Appeal noted in AS McLauchlan Ltd v MEL Network Ltd, 7 the Court should also be shown that the claim has little chance of success. That has not been established, at least to this point, by the defendant. [18] Finally in this analysis, the...

10. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 KB]

    ...either publication, or non-publication of decisions. However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [41] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: “[T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the r...