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1. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...to and annexed the letter of 2 April 2009 containing the without prejudice offer of settlement. The letter otherwise outlined attempts to settle the matter between counsel for the parties before mediation. Counsel for the plaintiffs requested promptly that the without prejudice communications be removed. Counsel threatened that if they were not removed costs would be sought and an application would be made to the Authority to exclude such evidence. This proposal was re...

2. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...and (d) there was media interest driven by Ms XC’s need for publicity. [18] Ms WL also submitted that Ms XC’s conduct breached r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 [19] Forming part of Ms WL’s complaint was a memorandum prepared by M partnership’s counsel Mr BB, in support of the partnership’s application for costs against Ms XC. Ms WL submitted that the memorandum clearly identifies Ms XC’s “mis...

3. Butler v Accident Compensation Corporation (Personal Injury, Causation) [2023] NZACC 165 [pdf, 540 KB]

   ...Evidence ........................................................................................... [62] Initial Assessment .............................................................................................. [63] Accident Compensation Claim .......................................................................... [69] 2008 ................................................................................................................... [74] Corporation Telephone Record ......

4. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...

5. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 561 (2013 APPEAL 561) [pdf, 284 KB]

   ...charisma. He established a community on his land north of Taumarunui, which came to be known as Manu Ariki. This is where he practised his faith and healing ministry, established the Manu Ariki Marae and carried on a farming operation. The Society, formed in 1961, was the legal body associated with the Manu Ariki community. [7] Manu Ariki comprises several blocks of land. We are only concerned with Rangitoto Tuhua 55B Sec 1B comprising 61.6336 hectares (“55B1B”),3 and Rangitoto...

6. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...flashings inspections with EIFS cladding, or LAM application inspections, as it relied on certificates from the approved applicators. The defects with this house it submits were picked up on the final inspection or alternatively certificates were requested. The Council notes the failed final inspection recorded 19 items that needed to be addressed before a CCC could be issued and these included certificates from the cladding installer and the LAM applicator. [58] The standa...

7. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

   ...Family Violence Act, and includes threats of physical abuse, intimidation or harassment, damage to property, and financial or economic abuse. The definition of psychological abuse is wide and inclusive. It can be a single act or a number of acts that form a pattern of behaviour, even if the acts, viewed in isolation appear minor or trivial. The test for psychological abuse in relation to the granting of a protection order under the Family Violence Act is not an objective one, the Court mus...

8. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...purchased the vessel. The circumstances in which that damage occurred are unknown. 32. I accept that the “bow roller damage” theory is more persuasive than the “headline jumping out of the bow roller” theory. I do not have sufficient information to support a finding about whether the bow roller damage is more likely to have occurred if the vessel was grounded. However, I accept that there was a high risk of B grounding at the new mooring. b. Did N Ltd fail to exer...

9. Family Legal Advice Service Operational Policy v1.7 July 2017 [pdf, 460 KB]

   ...Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.7 July 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and ful...

10. LCRO 161-2016 XS v VS [pdf, 152 KB]

    ...Standards Committee determination (27 June 2016) at [7]. 2 At [9]–[11]. 3 … The Committee noted Mr XS’ obligation pursuant to rule 9.6 of the RCC to render a final account and the need for Mr XS to provide with the account sufficient information to identify the matter, the period to which it relates and the work undertaken. In the Committee’s view Mr XS had failed to charge a fee that was fair and reasonable for the services provided and breached rule 9.6 of the RCCC. The...