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1. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...judges and the courts, and have a chilling effect on academics, lawyers and others who wish to comment on the courts. The offence itself may undermine public confidence in the courts by the perception of providing judges and courts with special protection not afforded to others. Proposed Approach How will Government intervention work to bring about the desired change? How is this the best option? (1) Automatic suppression provision Compared to the Bill as introduced, the...

2. Directory of Official Information J-L [pdf, 836 KB]

   ...• People Experience provides human resources support, advice and resources to employees and managers. • Resilience and Assurance Services are responsible for a range of specialist risk management services including; cyber security, privacy, protective security, business continuity, emergency management and disaster recovery. The Deputy Secretary Corporate and Digital Services is also the Chief Information Officer. The General Manager Resilience and Assurance Services is the Minis...

3. Directory of Official Information J-L [pdf, 834 KB]

   ...• People Experience provides human resources support, advice and resources to employees and managers. • Resilience and Assurance Services are responsible for a range of specialist risk management services including; cyber security, privacy, protective security, business continuity, emergency management and disaster recovery. The Deputy Secretary Corporate and Digital Services is also the Chief Information Officer. The General Manager Resilience and Assurance Services is the Minis...

4. Dunstable v Leighton LCRO 73 / 2009 (14 July 2009) [pdf, 16 KB]

   ...[3] The Standards Committee resolved to take no further action on the complaint on the basis that the instruction to complete the valuation came from Mr X and not from Mr Leighton. In this they relied on rule 12.2 of the Rules of Conduct and Client Care for Lawyers. The Committee also found that it was not open to Mr Leighton to pay Mr X from funds of Mr X held on trust in the absence of instructions to do so. Background [4] From the correspondence on the file it appears that so...

5. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...respondent was corrected from B Ltd, to E Ltd. 4. The issues to be determined are as follows: a. What were the terms and conditions of the tickets, and has E Ltd breached them? b. Was the decision to invoke the rain date made with reasonable care and skill? 5. Tickets to the concert were sold online through a third party. In order to purchase tickets customers had to check a box which states they agree to the terms and conditions. Those terms and conditions could be viewed b...

6. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...a. What were the terms of the agreement? b. Did BQ misrepresent that the horse was sound? c. Did BQ breach the contract by refusing to refund the deposit or was she entitled to retain it in full or in part if BC failed to exercise reasonable care of the horse during the lease agreement so that it was returned in a sub-standard condition? d. What if any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enfor...

7. AH v ZP LCRO 82/2011 (7 February 2014) [pdf, 134 KB]

   ...The overarching principle is that a lawyer cannot act for more than one party if the lawyer is unable to discharge their fiduciary duty to each. The lawyer has the responsibility of demonstrating that he or she has done everything necessary to protect the separate interests of each client. [44] It is not uncommon that parents may wish to assist their children in some way in acquiring property, and on occasions will advance loan monies or provide security for loans to family members...

8. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...order BETWEEN NEW ZEALAND NURSES ORGANISATION INCORPORATED First Plaintiff AND PUBLIC SERVICE ASSOCIATION TE PŪKENGA HERE TIKANGA MAHI Second Plaintiff AND TRACEY BLACK and approximately 33,000 other healthcare worker members of the first plaintiff Third Plaintiffs AND JOY NEILSON and approximately 2,000 healthcare worker members of the second plaintiff Fourth Plaintiffs AND TE WHATU ORA – HEALTH NEW ZEALAND Defen...

9. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...to pay) and, if so, how the Court’s discretion should be exercised under r 5.45(2). [7] 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 is summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 10 as follows: [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adv...

10. Nelson Standards Committee v Dallison [2011] NZLCDT 40 [pdf, 66 KB]

    ...was pleaded in an alternative form, other than particular 3. Those admitted and forming the basis for penalty are as follows: (a) In contravention of Chapter 3.4 and/or Chapter 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”), he provided to the D’s a document headed ”Standard Terms of Engagement and Information for Clients of Peter R Dallison Rules of Conduct and Client Care” that does not satisfy the requirements of Chapte...