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1. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...the Act and without these rights persons may be reluctant to become mediators. He concluded: 7 The law should not allow such unintended draconian consequences of a strict interpretation. The objective of confidentiality under s 148(2) is to protect parties and the integrity of the mediation process and not to protect or advantage mediators personally. [57] A purposive interpretation of s 148(2) will produce a different result than a purely literal interpretation of what might...

2. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...

3. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...7 Bolton v Law Society [1994] 2 All ER 486 at 492. [48] We agree with the Tribunal that the appellant’s professional misconduct touched the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation, it was conceivable that a penalty less than striking off could have been imposed. Previous matters [49] This was...

4. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   THE WEATHERTIGHT HOMES TRIBUNAL TRI 2014-100-000026 [2016] NZWHT AUCKLAND 2 BETWEEN BU-RYE & JEOM-YOUL LEE Claimants AND AUCKLAND COUNCIL First Respondent AND GIL (2008) LIMITED (formerly Goodland Investments Limited) Second Respondent AND LAI FOOK CHOY (Not Served) Third Respondent Hearing: 28, 29, 30 October 2015 Closing submissions: 25 November 2015 Appearances: Ms Grant for the claimants Ms Knight and Mr Fellows for th

5. ENV-2016-AKL-000xxx Kuegler Family Trust & Others v Auckland Council [pdf, 2.4 MB]

   ...submissions prepared by persons without professional help. In such circumstances, to take a legalistic view that a council could only accept or reject the relief sought would be unreal. As observed in an oft-repeated dictum in Royal Forest & Bird Protection Society Inc v Southland District Council 12: … it is important that the assessment of whether any amendment was reasonably and fairly raised in the course of submissions, should be approached in a realistic workable fashion...

6. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...I see this situation as a difference in management styles and approach that I am happy to keep discussing and working to resolve. I do not accept that I’ve breached my obligations as trustee. My conduct has always been aimed at furthering the protection of these urupā which are in our care. Josephine Moore [46] Josephine Moore is not a trustee but was appointed secretary to the Trust in 2016. She provided a brief of evidence dated 12 September 2023. [47] Ms Moore describes her...

7. Qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms [pdf, 943 KB]

   ...................................................................................................................................... 25 4.1 Top of mind experience ................................................................................................................. 25 4.2 Advice to other parents about to embark on parental ‘day-to-day care and contact’ arrangements ...................................................................................................................

8. [2024] NZEnvC 225 Auckland International Airport Limited v Auckland Transport [pdf, 6 MB]

   ...Conditions Abbreviations and Definitions Acronym/Term Definition Activity sensitive to noise Any dwelling, visitor accommodation, boarding house, marae, papakainga, integrated residential development, retirement village, supported residential care, care centre, lecture theatre in a tertiary education facility, classroom in an education facility and healthcare facility with an overnight stay facility AUP Auckland Unitary Plan BPO or Best Practicable Has the same meaning as in secti...

9. [2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 205 KB]

   ...Intervention, which is a technique the Ministry has used for about 17 years for handling potentially volatile situations. [26] Every youth worker is trained in NVCI. Part of this training is how to respond to complex situations that can materialise in caring for and detaining young persons who often have troubled backgrounds. This training emphasises techniques to avoid physical confrontation. While there is a strong emphasis on identifying behaviour that risks reaching an un...

10. Wang v Real Estate Agents Authority (CAC 409) v Sweetingham [2017] NZREADT 29 [pdf, 274 KB]

    ...the proposed cycleway until after the complaint was made. Substantive decision [13] In making the finding of unsatisfactory conduct, the Committee found that Ms Wang breached 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules), which provides that “[a] licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work”. The Committee also found that Ms Wang breached r 6.4, which p...