Search Results

1. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   ...counsel on a compact disk. The letter continued: ADHB is not willing to advise how it became aware of the images. It does not consider the way in which the matter came to ADHB’s attention to be relevant. Furthermore, ADHB has obligations to protect staff from bullying, intimidation and harassment. In the event that you consider the way in which the information came to ADHB’s attention to be material, we would be grateful if you would advise us and we will endeavour t...

2. [2021] NZEnvC 098 Maungaharuru-Tangitu Trust v Hastings District Council [pdf, 4 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA Kl TE WHANGANUI-A-TARA IN THE MATTER BETWEEN AND Decision No [2021] NZEnvC 98 of an appeal under clause 14( 1) of the First Schedule to the Resource Management Act 1991 MAUNGAHARURU-TANGITO TRUST (ENV-2015-WLG-054) Appellant HASTINGS DISTRICT COUNCIL Respondent REVISED DECISION ON APPEAL Decision issued: f 1. July 2021 Costs are reserved : 2 4 5 6 Introduction [1] This Court issued its

3. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...land unit". Policy 2 limits the range of non-rural and non­ residential activities to avoid adverse effects on landscape and the general amenity of the area. Policy 4 emphasises the need for buildings to be small scale as a further means of protecting natural character and landscape values within the land unit. [93] We have examined the effects of extensive use of the lawn area for functions, informal dining, drinking and associated activities. The evidence supports a conclus...

4. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

   ...is one that must be approached in a careful and principled fashion; and the relevant principles must be considered on a case by case basis. [61] I begin my consideration of this issue by describing those principles. [62] With regard to the protection of confidential information, the correct approach as to how public interest factors should be assessed was confirmed in the speech of Lord Goff in Attorney-General v Guardian Newspapers Ltd (No 2): 23 … [A]lthough the basis of...

5. [2007] NZEmpC AC 28/07 Wilson v CE of Ministry of Social Development [pdf, 65 KB]

   ...her employer treating the incident as being less serious than it was; (c) the length of time taken for assistance to arrive; (d) failure to properly debrief after the incident; (e) failure to place the two youths involved in the separate secure care unit (i.e. in custody); (f) failure to have the youths charged by the police; (g) requiring her to return to work while on stress leave; (h) failing to notify her that a Critical Incident Stress Management (CISM) meeting was being...

6. Family legal aid response to consultation [pdf, 565 KB]

   ...legislative framework required to support these reforms has now been enacted. The reforms include the establishment of a new family legal advice service to provide initial advice and information for parties in dispute over arrangements involving the care of their children. The service will be available for people who meet an income eligibility threshold. It is intended to help clients understand their responsibilities and options, provide guidance on possible outcomes, and help with...

7. BF v CV LCRO 271 / 2012 (6 September 2013) [pdf, 130 KB]

   ...the Practitioner attended the hospital (Mr BF and other family members being present) at which time Mr BF questioned the 2 Practitioner about the status of the family home in relation to asset testing and in connection with on-going healthcare needs for his father. The Complaint [4] Mr BF’s complaint was that the Practitioner appeared not to have the knowledge to deal with requests for advice sought at that time; that the Practitioner failed to refer the family to a coll...

8. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

   ...unsatisfactory conduct as defined by sections 12 (a) and (b) of the Act. A ‘reasonably 5 Notice of hearing (1 November 2012). 6 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3. 7 Rule 7.1. 8 Rule 9. 9 Rules 13 and 13.3. 10 Rule 13. 11 At the time of the review hearing a decision from this Office on review of a complaint by the expert witness against Mr SA was the subject to an applicatio...

9. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 88 Taupo 63 (88 TPO 62) [pdf, 2.7 MB]

   ...conduct per section 73 of the Trustee Act 1956. The trustees had acted with an honest and sincere belief on advice that the steps they were taking were both appropriate and lawful. They now acknowledge that they acted in breach of trust and have carefully considered the negative findings made against them in the 30 July 2008 judgment. It was appropriate therefore that relief be granted to the trustees accordingly. [9] FOlllthly, given the previous submission, there was no impediment t...

10. [2025] NZREADT 25 – ZA v REAA 2204 & DU (14 July 2025) [pdf, 141 KB]

    ...tenant, which had included an adjoining space.22 She made the error in listing the property on the website, an error which then found its way into the lease. [61] This might be regarded as careless. It is arguable the licensee should have carefully checked such a critical fact, particularly before inserting it into the lease. The failure to do so might establish a lack of skill, care and diligence, in breach of r 5.1. This is possibly the additional element elevating the errone...