Search Results

1. Stender v Evans - Tokata A15 (2006) 75 Ruatoria MB 214 (75 RUA 214) [pdf, 283 KB]

   ...orders is effected under Part 5 of the Act. That brings me to the vexed issue of the Matrimonial Property caveat. I note in this regard the case of Bruce v Edwards [2003] 1 NZLR 515 which indicates that Section 88(1) of Te Ture Whenua Maori Act 1993 protects an equitable interest against the consequences of any reversal order (annulment) of a change of status order at a rehearing. In Bruce v Edwards [2003] an equitable interests was clearly established. In this case, there is no basis...

2. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...Pouhere Taonga, concerning the earthworks. In short, he submits that the trustees are not entitled to undertake the earthworks and related activities given that they have not taken steps to ensure that any important archaeological sites are properly protected. [4] The trustees deny the claims. They say that their invitees are acting lawfully and in accordance with proper instructions issued by the trustees. The trustees dispute Mr Taueki’s right to bring the claims against them...

3. National Standards Committee 1 v Name Suppressed [2021] NZLCDT 5 [pdf, 150 KB]

   ...caused to victims, they are expected to give evidence to support the allegations of fact made against an accused person. The availability of alternative means of giving evidence and the ability to have a support person present are intended to protect a complainant as much as possible. We would have had no hesitation in directing that evidence be given in an alternative way, in a closed hearing room and in the presence of a support person. [24] We are also concerned about the n...

4. [2021] NZACC 28 - Williams v ACC (4 February 2021) [pdf, 171 KB]

   ...work from 13 October 2018 until 11 January 2019 because “pain in leg stopping work”. [11] Having received the medical certificate, the Corporation obtained an opinion from Ms Nichols, Physiotherapist. [12] She reviewed the appellant’s care, and in her opinion and recommendations she included the following: … does the covered injury cause incapacity? No. A causal link between the identified cause of incapacity (neuroma) and the covered injury has not been establish...

5. Brown v Christchurch City Council [pdf, 38 KB]

   ...degree of expert oversight rather than expect every small owner to take full responsibility and engage an expert adviser". (at page 525, lines 17- 27). 19. To give the clause a wide meaning would result in a person who whilst as owner is protected by “Hamlin”, as vendor becomes potentially liable for any building faults. It would expose to the very risk which the Court of Appeal held is totally inappropriate. (Hamlin page 528). 20. The interpretation which the cla...

6. GZ v QP LCRO 226/2015 (2 September 2016) [pdf, 53 KB]

   ...NZAR 475 at [2]. 8 The Act [39] Complaints and applications for review are determined within the framework of the Act, and in light of its purposes. Those include maintaining public confidence in the provision of legal services, consumer protection and recognising the status of the legal profession. [40] The status of lawyers is recognised by certain privileges, one of which is that lawyers operate trust accounts. That privilege is regulated by provisions in the Act, in...

7. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...quality effects made under the pSWLP. The appeal raised difficult issues about how groundwater take and use should be managed in accordance with the pSWLP and the fundamental shift encapsulated within Te Mana o te Wai. As such, the Council gave careful thought to the conditions in light of the framework established by the pSWLP.21 The Council submits that this context further suggests that costs should lie where they fall. The Council's legal arguments [20] Wilkins submits th...

8. Copy of NZCVS Cycle2 Infographic Experience of crime by sexual orientation Data Tables fin 20210111 [xlsx, 69 KB]

   ...attribute the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. mailto:NZCVS@justice.govt.nzhttps://www.justice.govt.nz/justice-sector-policy/research-data/nzcv...

9. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...what steps if any need to be taken to review the current use of the land. The eligibility of the current lessee for consideration for any future use of the land is also an issue. Finally, the role of the current responsible trustees needs to be carefully considered in the context of whether they have fulfilled their duties. For completeness I note that under the terms of the current trust order the trustees were due to re- tire so that an election could take place in July 2019. [4...

10. LCRO Annual Report 2019 [pdf, 271 KB]

    ...Report 2019 | Legal Complaints Review Officer 3 released by the LCRO each year, this is less than 1%. Although accepting that judicial review in the High Court is not for the faint hearted, this figure nevertheless is an indication of the careful attention given to each application for review that is lodged, and the robustness of Review Officers’ decisions. Also in this period, the LCRO concluded its second prosecution of a practitioner to the Lawyers and Conveyancers Discip...