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1. Matthews v Matthews - Estate of Graham Ngahina Matthews (2010) 253 Aotea MB 250 (253 AOT 250) [pdf, 200 KB]

   ...Wairiki.” [19] Mr Matthews underscored that he knew the right person to respect the lands and everything that was important to them. He acknowledged that Duncan Matthews had decided to return from Australia and accept the responsibility of protecting the land as he himself had done as a young man. In time Mr Matthews noted his son, having the necessary strength and determination to undertake the role of kaitiaki of the land, would also have to select a suitable future custodian...

2. KS v B Ltd [2024] NZDT 540 (10 July 2024) [pdf, 92 KB]

   ...right and owners must ensure that the vehicle can be removed without damage and in an orderly way. Further the landowner is required to ensure that the trespasser’s property is protected until the vehicle owner can regain possession. [6] I have carefully considered this claim and all the evidence put before me over two hearings. I am persuaded on the balance of probabilities that the applicant was given adequate notice of the restrictions on the use of the car park and that the applic...

3. Ms C v REAA & Whitehorn [2013] NZREADT 42 [pdf, 83 KB]

   ...10 August 2011 [11] We understand that neither of the other parties to this case wish to respond to the appellant’s said submissions of 18 March 2013. We are conscious that, in its ‘Decision On Orders’ of 10 August 2011, the Committee gave careful consideration to the issue of publication and decided that its decision finding unsatisfactory conduct by the appellant should be published. The submissions put before the Committee seem to have been quite different from those put to us...

4. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...been met and, if so, how the Court’s discretion should be exercised under r 5.45(2). [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse a...

5. Consultation response report [pdf, 745 KB]

   ...proceeds of proceedings ........................................................................................... 7 Retain all closed legal aid files for a minimum of 7 years ................................................................... 7 Protecting the Commissioner’s interest .............................................................................................. 7 Conclusion ....................................................................................................

6. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...decisions to refer matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering wh...

7. LCRO 131/2024 RD v PS (28 January 2025) [pdf, 179 KB]

   ...decision. [57] Pursuant to s 206(4) of the Act, a Review Officer may direct such publication of his or her decision as the Review Officer considers necessary or desirable in the public interest. “Public interest” engages issues such as consumer protection, public confidence in legal services and the interests and privacy of individuals. [58] Having had regard to the issues raised by this review, I have concluded that it is desirable in the public interest that this decision be publi...

8. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...within this contextual landscape and remains as the most significant settlement and active recreational/tourist resource in the Hauraki Gulf. 8 37. Importantly, as the ‘gateway’ to Waiheke Island, in my view, Matiatia needs to be protected as the most critical entry landscape ‘brand’ in the inner Gulf Island playground. THE WESTERN ENTRANCE HEADLAND AND MATIATIA 38. My evidence now focusses on Matiatia Bay and the important contextual landscape in which it i...

9. CAC10064 v Vinodh [2013] NZREADT 21 [pdf, 27 KB]

   ...imposed after the Tribunal’s decision dated 7th December 2011. In this decision Mr Vinodh was found guilty of unsatisfactory conduct. [2] The principles of sentencing are: A penalty must fulfil the following functions. They are: a) Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. b) Maintenance of professional standards This was emphasised in Taylor v The General Medical Council1 and Dentice v...

10. Wellington Standards Committee v Faulkner [2012] NZLCDT 9 [pdf, 44 KB]

    ...and her good name will be long lasting and deeply significant and will no doubt affect her for the rest of her life. [4] The purpose of this Tribunal is different from the Criminal Court. There is not a focus of punitive response but rather a protection of the public, and of the standing and protection of the legal profession, in dealing with people who transgress in this way. [5] We are asked to make an order under section 242(1)(h)(ii) that Ms Faulkner not be employed by any...