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1. [2009] NZEmpC AC 29/09 Ogilvy NZ Ltd v Whitten [pdf, 26 KB]

   ...was required to research and provide three lengthy submissions on a number of legal issues including without prejudice communications, applications for removal, breaches of settlement agreements, and claims relating to malicious institution of civil proceedings and malicious process in the High Court. She also submitted it was relevant that Ogilvy NZ had failed to respond to the Authority within the timeframe specified by it and that this had caused the respondent additional costs...

2. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...of complaint is to identify the grounds she considers have potential support, and the material supporting those grounds. In doing so she identifies the case the licensed immigration adviser faces. As in a criminal charge, or statement of claim in a civil proceeding, the initiating process should put the recipient on notice of what they must answer. In this way both the complainant and the licensed immigration adviser are on notice of the issues the Tribunal will address; and they can each...

3. [2018] NZEnvC 112 Fright v Christchurch City Council [pdf, 1.7 MB]

   ...decision [2018J NZEnvC 111 is corrected . ~~ C~tl~" ,'/ I 1!'~~~Jf,.'..0 Cl ' Section 278 RMA provides that Environment Judges have the same powers as the District Court in the ~ ~~, '.'. \I\~a\ ~ exercise of its civil jurisdiction. • 'I. .,,) /,.>:1 _ , ~ , .1 ,,(v '_{_ "!f 'T~1 ;;;: 0, "{j;'I., ;" ,,\UO' ill "", :\ v ">:~/I.r ,0 /.~\./ ... <: ." 3 [6] The decision and...

4. LCRO 123/2013 BD v FG (26 June 2017) [pdf, 129 KB]

   ...law. Ms FG had regard to that. There is no reason to believe Ms FG had regard to the wrong offence provisions because Mr BD’s initial instruction was very specific as to the sections of the Crimes Act that he wanted her to consider. [23] The fee Ms FG received was very modest, and would not have supported a wide ranging enquiry. In any event, that was not what Mr BD had instructed her to do. Mr BD wanted specific limited advice, with a particular purpose in mind. Although the...

5. Parata - Ngarara West B3B (2004) 146 Aotea MB 138 (146 AOT 138) [pdf, 367 KB]

   ...Court acknowledged the need to strike a balance between two situations where litigation is conducted on a relatively informal basis between whanau and hapu members as contrasted with litigation prosecuted consistent with the practice in the ordinary civil Courts (at 66): " .. . Much litigation before the Maori Land Court is conducted in a relatively informal atmosphere without the assistance of legal counsel. The parties are usually individuals and are whiinau to each other. Under c...

6. Xu v Tian [2018] NZIACDT 49 (10 December 2018) [pdf, 105 KB]

   ...providing for the regulation of persons who give immigration advice. [12] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriat...

7. Māori Trustee - Succession to Richard Henry Tamihere (2024) 126 Tairāwhiti MB 107 (126 TRW 107) [pdf, 295 KB]

   ...Richard Tamihere or Richard Tamihere. The application was filed on behalf of the Māori Trustee as administrator of the estate. Kōrero whānui Background [2] The deceased died intestate on 19 December 2014 without leaving a surviving wife, civil union partner or de facto partner, children, or siblings. Te Whānau Whāngai – The Adopted Family [3] The deceased was born on 25 February 1952 and legally adopted on 24 June 1952 to Henare Tataikoko Tamihere and Lena (Te Rina) T...

8. [2024] NZIACDT 12 – RN v Li (14 March 2024) [pdf, 185 KB]

   ...providing for the regulation of persons who give immigration advice. [18] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

9. Waikato Bay of Plenty Standards Committee v A Practitioner [2014] NZLCDT 70 [pdf, 194 KB]

   ...the mortgagor defaulted in payment under the first mortgage which constituted a default under the second mortgage. In due course the first mortgagee exercised its power of sale. It sold the mortgaged properties and recovered its mortgage and fees associated with the sale. The second mortgagee received only $1,004.46 which was the balance remaining from the proceeds of sale. The resulting loss to the second mortgagee was substantial. [9] The practitioner admitted a failure to o...

10. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE NlATTER OF BE1WEEN AND Decision No. [2021] NZEnvC 184 an application for enforcement orders under s 314 of the Resource Management Act 1991 TASNlAN DISTRICT COUNCIL (ENV-2020-CHC-000004) Applicant AW AROA AERODROME LIMITED First Respondent ZACHARYTHONlAS ATHFIELD Second Respondent THE ESTATE OF IAN CHARLES ATHFIELD Third Respondent ROGER NEIL TAYLOR Fourth Respo