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1. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...lawyer to represent Mr Te Wini in proceedings brought by the Department of Child, Youth and Family Services (CYFS) under the Children, Young Persons, and Their Families Act 1989. The Department sought a declaration that Mr Te Wini was in need of care or protection, a psychological assessment and an interim support order. Mr Te Wini was then ten years of age (his date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoi...

2. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...developed these assertions with reference to previous decisions of this Court, particularly those which emphasise it is not desirable to define disparity exhaustively, because whether any asserted disparity could impugn a dismissal would involve a careful analysis of all relevant facts and circumstances. Strike-out principles [19] The following strike-out principles can be taken from the Court of Appeal’s judgment in Attorney-General v Prince: 5 (a) Pleaded facts, whether...

3. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...retainer, as it develops.14 In my view, this must include information about how fees are tracking, particularly when they are being charged on the basis of time with no initial range having been indicated. [100] This view is reinforced by the consumer protection focus of the Act, predicated on the basis that there is a knowledge imbalance between lawyer and client, which a lawyer has a duty to ameliorate to the fullest extent possible.15 [101] Monthly or event billing by a lawyer t...

4. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...when the true intention of the Chief Judge’s decision was for them to have standing in both blocks. [24] Counsel argued that I have jurisdiction under s 86 to amend the orders made previously to show the true intention of the Court which is to protect, promote and safeguard the interests of Māori in respect of their land as a taonga tuku iho and to protect wāhi tapu. The orders made in 2015 did not give effect to this intention. [25] In terms of relief, counsel sought amendme...

5. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...see it the ceding of käwanatanga to the Queen did not involve the acceptance of an unfettered legislative supremacy over resources. Neither Treaty partner can have monopoly rights in terms of the resource. Mäori interests in natural re- sources are protected by the distinctive element of tino rangatiratanga … Tribal rangatiratanga gives Mäori greater rights of access to the newly discovered spectrum. In any scheme of spectrum management it has rights greater than the general public, and...

6. OIA-110144.pdf [pdf, 5.5 MB]

   ...Manager, Civil and Constitutional 1 # Act + Relevant Section (linked) Summary of OIA exemption Rationale provided (if any) + where Comment e.g. if exemption changed/removed, difficulty finding information etc Links to key papers 1 Protected Disclosure (Protection of Whistleblowers) Act 2022 – Section 19 A receiver must refuse a request for information under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 as contr...

7. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...trusted and accessible justice services. The options are assessed on the basis of whether there will be a reduction in costs for parties engaged in litigation, whether the options will reduce delays, and whether people‟s access to justice is protected. Regulatory impact analysis A variety of possible solutions to the problem were considered by the Rules Committee. This RIS groups these into options in a manner that provides the simplest comparison. The procedure for the...

8. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...trusted and accessible justice services. The options are assessed on the basis of whether there will be a reduction in costs for parties engaged in litigation, whether the options will reduce delays, and whether people‟s access to justice is protected. Regulatory impact analysis A variety of possible solutions to the problem were considered by the Rules Committee. This RIS groups these into options in a manner that provides the simplest comparison. The procedure for the...

9. Egden v CAC20005 & Ors [2015] NZREADT 80 [pdf, 148 KB]

   ...Rather, the directors were Mr Somaraju and Mr Hackett. Mr Egden says he worked as a licensed agent for Compass Realties from 8 November 2010 to January 2011. [5] Mr Egden says that in January 2011 he ceased his involvement with Compass Realties to care for his terminally-ill wife. He told the Tribunal that he discussed and agreed with the directors that they would close down the real estate agency in February 2011. [6] He said that notwithstanding the fact that Compass Realties h...

10. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

    ...teleconference held on 18 June 2014, I considered that the documents relating to the joining of the Slights as a party should be served on them, and I further indicated that a decision on the application would issue in due course. 5 That said, having carefully reviewed the relevant authorities I now incline to the view that while service prior to a determination on an application to join is preferable, it is not mandatory. Respondent’s submissions [7] Mr Shaw submitted that t...