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1. NZCVS-Cycle-4-Core-Report-Section-9-Crime-scene-and-consequences-fin.pdf [pdf, 338 KB]

   ...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. Do not use the New Zealand Ministry of Justice logo. If you have any feedback or questions about NZCVS results, please email us on nzcvs@justice....

2. [2022] NZEnvC 011 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 249 KB]

   ...unable to find that all parties were “equally involved”, as the Trust contends in counsel’s submissions. Rather, as the Kellys were not party to the original settlement agreement, I agree that they have had to undertake further steps to protect their continued use of the road in circumstances where that consequence had not been properly considered by the Council. [27] Moreover, previous case law has established that landowners who benefit and encourage road stoppage potenti...

3. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of agency provides that a company may be boun...

4. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...progress abatement proceedings to enforce the observance of its District Plan. Counsel cites Auckland Regional Council v Cash for Scrap Ltd in which the Court found:3 …enforcement proceedings are not usually commenced for private gain but to protect the public interest in the environment. Therefore, a successful party may be more likely to be compensated for actions that they have effectively been forced to take. In other words, these proceedings were taken to enforce obligations...

5. 2018 Decisions of public interest

   ...considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previo...

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   1. Employment Court >
   2. Judgments >
   3. Decisions of public interest

6. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

   ...submitted to the Tribunal by 1 November 2011. The Tribunal will consider the agreement and its terms, and if satisfied it meets the purposes of the Lawyers and Conveyancers Act 2006 (and in particular the maintenance of public confidence and the protection of the public), it proposes to formally endorse the agreement by an order under Section 156(1)(a) Lawyers and Conveyancers Act made pursuant to section 242(1)(a) of that Act. 7 28. The Tribunal will be seeking some sure...

7. OIA-121939.pdf [pdf, 936 KB]

   ...S9(2)(f)(iv) RELE ASED U NDER THE O FFIC IAL I NFORMATIO N ACT 19 82 Police have acknowledged the IPCA’s findings and agree with the recommendations in principle 5. Police agrees with IPCA’s recommendations in principle, but notes that careful policy work is required to ensure a fit-for-purpose legislative framework. We understand that the Minister of Police is seeking your view on the IPCA’s recommendations and the priority of this work, noting that the Ministry of Justice w...

8. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...[11] Ms D then had some text exchanges with Ms H’s father, who in one communication said Ms H had been unwell. She had become unfit to work. He eventually met with Ms D and Mr E, Ms D’s manager, when he told them Ms H had been in care. There is a dispute as to whether Ms H’s father also said this information was not to be passed on, in particular to Ms C, who had been ultimately responsible for managing Ms H’s return-to-work in late 2019/early 2020. [12] Ms H...

9. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...Lawyers’ Professional Responsibility has said:18 Various terms are implied into retainers as a matter of law, giving effect to the nature of the relationship created thereby. The basic implied term requires lawyers to use their best endeavours to protect client interests, and to exercise reasonable care and skill in carrying out by all proper means the client instructions under the retainer [citation omitted]. … Also implied into the retainer are terms authorising the lawyer to do...

10. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

    ...concerned the Committee which said that “the submission of an inaccurate document to the court, which could potentially mislead the court and bring about an unjust outcome, is a very serious issue.” It considered that Mr PA “should have carefully turned his mind to [the long history between himself and Mr ZN] before swearing his affidavits” and that he had failed to do so.13 [35] It was the Committee’s view that there had been “a reckless disregard as to the accuracy of...