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1. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ....................................................................................................... 5 II ISSUES ....................................................................................................... 6 III – CLAIM IN NEGLIGENCE AGAINST MR STEVENS ................................... 6 Was a Duty of Care owed by Mr Stevens? .............................................. 6 Design Defects and Leaks ...................................................................... 9...

2. LCRO 236-2015 DZ v EY [pdf, 176 KB]

   ...would eventually become the subject of a vehemently contested hearing before the Family Court. In the meantime, communications between J’s parents continued to deteriorate. [6] On Ms FX’s instructions, in November 2012, Ms EY applied for a protection order to prevent Mr DZ having contact with her, J and her daughter. Ms FX’s affidavit expresses her concern that she would be unprotected once the criminal allegations were resolved and Mr DZ was no longer the subject of bail co...

3. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...realistic assessment of the net estate. He then talked about equal division among the three children. Mr Downing went on to point out that the brother ought to receive nothing because of his fraudulent conduct which would disentitle him from a Family Protection Claim and therefore there was an argument that the estate ought to be divided 50/50 with her sister, so that Ms L could possibly receive between $250,000 and $270,000. It does not appear that any real consideration was giv...

4. OIA-109796.pdf [pdf, 1.3 MB]

   ...specifically in the Taupo District. • Family violence programmes: o Non-violence programmes are for respondents to protection orders and for defendants to charges of family violence offending. o Safety programmes are for individuals who are protected by a protection order, or have applied for an urgent protection order, but the order has not yet been granted. o Strengthening safety services is a more focused, individual assessment for adult victims of family violence offences in t...

5. CW-v-XD-2015-NZDT-878-4-September-2015 [pdf, 115 KB]

   ...their consent. The law of negligence says that people must maintain reasonable and sufficient control of themselves and their possessions so that they do not cause harm to others. If a person fails to maintain sufficient control or take reasonable care and as a result someone else suffers loss then they may be liable to pay compensation. Issues [3] The issues to be determined by the Tribunal in this case are: a. Did XD agree to pay the arborist’s consultancy fee and half the co...

6. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   ...your attorney is to use your property to promote and protect your best interests. Your attorney must encourage you to develop your own competence to act on your own behalf as much as you possibly can. If you have a separate EPA for your personal care and welfare, your attorney must provide your personal care and welfare attorney with any financial support (from your property) that that attorney requires to carry out their duties in relation to your personal care and welfare (subje...

7. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [30] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

8. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

   ...media, the Judge met with all counsel and representatives of the media, in advance, in connection with the various applications which had been made 4 by the media to film or otherwise cover the proceedings. The Judge was particularly careful to explain the role of the media “as the eyes and ears of the public”.4 [11] His Honour referred to 11 media applications having been made, and set out the principles to be considered in respect of those applications, prefacing his r...

9. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...as robust advocacy on behalf of her clients, which was permissible. It amounted to personal attacks on the competence, professionalism, integrity and motivation of named officers. [10] It was accepted that Ms Tian was a deeply passionate and caring advocate for her clients, who could be vulnerable and marginalised in society, but that she woefully lacked judgement in the acceptable bounds of professional representation. Her combative and offensive language could not, on any conc...

10. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

    ...liability offences, as reversing the onus may be an appropriate way to deter offending and/or hold people accountable for their failure to comply. • The offences relate to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public. Reversing the onus can be justified where the penalty faced is at the lower end of the scale and where the information that goes to the defence is peculiarly within the knowl...