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1. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. 3 Hence, Mr EN’s duty is to Mr NW and he has no duty to protect and promote the interests of Mr IR. Mr EN’s duty to Mr NW includes acting on his client’s instructions and it is in the context of those instructions that...

2. TQ v ON [2022] NZDT 242 (21 November 2022) [pdf, 144 KB]

   ...deteriorated and worn away. I note that the WOF checksheet dated 5 May 2022 states that the centre driver’s shaft hanger was broken. (d) There was no mention during the sale of the Falcon being sold ‘as is where is’ and, in any event, that does not protect a respondent against a misrepresentation. The general rule of Caveat Emptor (let the buyer beware) applies to a private sale of goods, however, that rule does not apply if there is a misrepresentation to which s35(1)(a) of the...

3. Wilson v Welch [pdf, 53 KB]

   ...breach of contract by Mr and Mrs Welch, relying on the warranty provided by them in the sale and purchase agreement signed in October 2001. In addition they seek to recover in tort alleging Mr and Mrs Welch breached their non-delegable duty of care owed to the claimants as successive purchasers as they were the builder-developers of the property. [32] The claim against the third respondent, Mr Knowles is in tort, and alleges that as the actual builder, he failed to carry out...

4. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...to "the Board" refer to the New Zealand Psychologists Board; (b) The term "specialist report writer" means any person (other than a cultural report writer) from whom a psychological report has been requested under s 133 of the Care of Children Act 2004 or under s 178 of the Children, Young Persons and Their Families Act 1989 (CYPF Act); (c) References to "report writers", unless otherwise stated, refer to specialist report writers. "Report" has a...

5. [2019] NZEnvC 050 Palmerston North Airport Limited v Palmerston North City Council [pdf, 4 MB]

   ...proximity of a large portion of the industrial area to residential areas, and an extensive interface between these areas, it will be necessary to control the effects of industrial land use and development to ensure that an appropriate level of amenity protection is afforded to adjacent residential areas. In 2008, the Napier Road Industrial Precinct (as shown on Structure Plan 12.1) and the Midhurst Street Industrial Areas (as shown in Structure Plan 7.4) were specifically developed to meet...

6. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...is disposed of by regulation 32(1) of the Maori Assembled Owners Regulations 1995. If this is the test then no meeting of the owners of the tJ1.lst will in practice be able to pass a valid resolution. That said, the trustees are entitled to have careful regard to the wishes of the owners as expressed at owners meetings. One of the requirements in exercising a distributive filllction is that the trustees must be informed and so the meeting of owners had a very imp0I1ant practical eff...

7. Wynn-Parke & Anor v CAC20008 & Ors [2015] NZREADT 8 [pdf, 232 KB]

   ...With regard to clause 28 of the Conditions of Sale, he insisted that he said that “if” the existing lease were to be cancelled, he understood that AT would issue a new lease to the successful bidder of the freehold property. [60] Mr Hewes was carefully cross-examined by all parties or their counsel. Under cross-examination by Mr Wilson he insisted that, at all times, he followed the advice he was given by Bell Gully which, inter alia, was that AT intended to cancel the lease and r...

8. BORA Animal Products (Dairy Products and Other Matters) Bill [pdf, 80 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Power to examine 4. Section 88(1)(b)(i) of the Animal Products Act currently enables an animal product officer to remove documents or...

9. BORA Overseas Investment (Owning Our Own Rural Land) Amendment Bill [pdf, 274 KB]

   ...ss 16(1)(e)(iii), 17A(2)(a) and (b)). The additional jobs or increase in exports are to be additional to what is likely to occur in the foreseeable future if a New Zealander purchased the land (new s 17A(3)). The conditions include mechanisms for protecting the environment and the historic heritage of the land. 5.The Bill also provides that where an overseas person is intending to reside in New Zealand indefinitely, the Minister must impose a condition on the consent that the overseas p...

10. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

    ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Kristina Muller, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the genera...