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1. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...power to regulate its own procedure (section 49(1)). 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. [108] 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 right...

2. EV v IG LCRO 111/2013 (8 September 2015) [pdf, 100 KB]

   ...threshold required for further action. A history of driving with excess breath alcohol and/or some other surrounding circumstance would usually be necessary to warrant further disciplinary action. [66] In Bolton v The Law Society the English Court of Appeal made an observation similar to that made by the High Court of Australia in Ziems, and added that the balancing exercise was to be made “… by the Tribunal as an informed and expert body, on all the facts of the case”.26 [...

3. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...decision. Publication [104] The Tribunal orders the name of the complainant and any information that may identify her will not be published or disclosed, except as necessary to allow the parties to obtain professional assistance and pursue rights of appeal. [105] Subject to the preceding limitation, this decision will be published with the names of the parties after five working days, unless any party applies for orders not to publish any aspect. DATED at WELLINGTON this 3 r...

4. NZCASS advanced statistical methods [pdf, 369 KB]

   ...been assessed as the more preferred model to be used to provide an understanding of predictors of  victimisation.   17  Gini coefficient This part of the advanced statistical methods section uses a ‘Gini coefficient’ to provide a measure of  the distribution of victimisation. It is appealing as a statistic since it summarises the distribution in a  single summary statistic, enabling comparisons over time and between group...

5. BORA Customs and Excise Bill [pdf, 231 KB]

   ...detained is the protection of human dignity, autonomy and liberty. 12 73. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” 13, whether a physical deprivation or a statutory constraint. The Court of Appeal has held that: 14 “An arrest or 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.”...

6. LCRO 168/2016 WT v MD (30 May 2018) [pdf, 269 KB]

   ...the MD Group could be considered to be somewhat unique and it is not surprising that the potential defence was identified by the Group’s own insurer who would be thoroughly familiar with the law surrounding insurance claims. [92] The Court of Appeal has stated that a lawyer is not liable:22 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 th...

7. [2014] NZLCDT 80 Wellington Standards Committee v CLS [pdf, 412 KB]

   ...considered to be of and incidental to legal work and therefore legal work which is covered by the term “regulated services”. [52] Counsel for the practitioner opposed the submissions of the Committee. He referred to the decision of the Court of Appeal in Hansen v Young.1 In that decision the Court referred to the different capacities that a solicitor has in the dual role of solicitor/trustee. It held that the responsibility for the administration of an estate was with the exe...

8. [2018] NZEnvC 035 The Wellington Company Ltd v Save Erskine College Trust [pdf, 7.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 35 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWC") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Sect...

9. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...[20] In Brown v Māori Appellate Court, 12 the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal. 13 This approach is helpfully summarised in Hammond – Whangawehi 1B3H1: 14 [15] The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That juri...

10. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

    ...A final point relating to the text of s 50F(1) relates to the phrase “for the purposes of facilitation”. This is not unlike the phrase “for the purposes of the mediation” which appears in s 148 of the Act. Of this section, the Court of Appeal stated in Just Hotel:22 [32] In accordance with the ordinary meaning of the word “purpose”, that of the intended object of an activity, a communication (written or oral) is protected unless it is created or made independently of...