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1. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...public interest and do not replicate, and are not a substitute for, private civil proceedings. [33] Mr Dennett also referred to the focus of disciplinary cases being on disciplinary standard but submitted that in any event, the losses and costs claimed by the Brogdens are inappropriate and not adequately supported by evidence. In particular, he submitted (among other things) that: [a] Mr Rankin does not have the opportunity to assess the veracity of the claims – that is, what w...

2. [2025] NZEmpC 144 Lopez v Kāriki Pharma Limited (in liq) [pdf, 222 KB]

   ...submissions on the issue of discontinuance. They reiterate that if leave is granted, it would result in adverse findings against the second and third defendants. However, they note that they will abide the Court’s decision on discontinuance, but request that the Court reserve its decision on costs due to the plaintiff’s failure to amend his pleading at the earliest opportunity. Outcome [35] Taking into account the findings above, and the purpose of the Act to reduce judicia...

3. Enviro NZ Services Ltd v Accident Compensation Corporation (Costs on Appeal) [2025] NZACC 146 (9 September 2025) [pdf, 327 KB]

   ...to the time or expense of the proceeding or step in the proceeding by… taking or pursuing an unnecessary step or an argument that lacks merit; and (ii) failing, without reasonable justification, to accept an offer of settlement, whether in the form of an offer under Rule 14.10 or some other offer to settle or dispose of the proceeding. The case for Enviro NZ [10] Mr Cook submits an appropriate costs award should be calculated by reference to the daily rates and time allocation a...

4. Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115) [pdf, 245 KB]

   ...conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007. [24] Subpart 2 of Part 6 of the Property Law Act 2007 encompasses ss 321 to 325 and relates to wrongly placed structures. It allows the Court to provide relief in a number of forms if the Court considers it is just and equitable in the circumstances to do so. [25] In Elkington v Estate of Ruruku the High Court considered s 24 of the Act and jurisdiction regarding powers under the Property Law Act 1952 as they...

5. 4. Roebeck affidavit (with exhibits) [pdf, 7 MB]

   ...SKP, the Board wanted to understand what its options were, and if SKP’s objectives and any approach was something that the Board was comfortable supporting. Several meetings occurred to establish the relationship and understanding. The Board formed the view that SKP was genuine in its concerns, including, about impacts on cultural values. (b) In respect of the Piritahi Marae, the Board met several times. First it was to apologise for the offence and disappointment they felt in �...

6. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...2005 IEA that it would not do so; and 2. in any event, Mrs Svensson did not wish to change her hours because it would adversely affect her health. [27] Ms Henry disagreed that Mrs Svensson’s hours could not be changed unless she agreed, and requested that Mrs Svensson provide medical information to support her view about the impact on her health. [28] In a letter dated 20 March 2007 handed and outlined to Mrs Svensson by Ms Carroll in person in a brief meeting with Mr Climo pr...

7. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...September 1997. [15] The Boes took occupation of the new home sometime between early autumn 1998 and mid-summer 1999. In early 2000 a Council officer paid a visit to the home having discovered that the final inspection had not been performed and to ascertain what stage had been reached with the building work. That site visit resulted in a letter dated 8 February 2000 from the Council listing seven items still to be completed1 and that reasonable progress of the building wo...

8. Gwak & Kim TRI-2020-100-006 Procedural Order 5 [pdf, 223 KB]

   ...“being like a boxer with one arm tied firmly behind his back” is apposite. [21] The enquiry is whether, as between the parties, it is just, or fair and appropriate that the first respondent’s defences are limited to the extent they are claimed to be as a result of the claimants’ delay. This is a balancing act. [22] The claimants are advancing a claim that meets the statutory requirement of eligibility. They sue the first respondent for negligent building work which he...

9. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...to considering the pleadings only and may assess evidence in determining whether to remove a party.5 Ellis J has observed that if the Tribunal is to hear and determine claims in an “expeditious and cost-effective way, [it] must be able to perform an active gate-keeping role in terms of both the joinder and removal of parties.”6 This can include the early receipt and assessment of evidence. [7] In circumstances where the evidence is contentious or challenged, or a party’s v...

10. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

    ...the firm about Mr OS. [15] He stated because the firm had favoured Mr T, it would not be possible for the firm to act on the administration of Mrs C’s estate, or accept appointment as executors and trustees. Mrs C’s will [16] Mr AH claimed that Mrs C, without saying “why”, told him she “wanted to see” the lawyer who “handled her will”, and requested Mr AH to ask that lawyer to contact her. He stated that on 3 November 2016, he and Mrs HR telephoned Mr OS to ma...