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1. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

   ...had been provided with negligent advice by [JPBN] and advised to advance a counterclaim when that claim had little prospect of success. (b) She had not been advised at commencement as to the potential cost of the proceedings. (c) She had made request for a full account of time spent on her file, but this had not been provided. By way of outcome, Ms RL made request for [JPBN] to be investigated. 3 Subsequent to filing her initial complaint, Ms RL expanded on her complaint in...

2. Handy v New Zealand Fire Service Commission (Strike-Out Application No. 2) [2019] NZHRRT 19 [pdf, 90 KB]

   ...strike out application and submissions. Under this timetable, Mr Handy’s notice of opposition together with any affidavits in support were to be filed by 5.00 pm on Tuesday, 22 January 2019. [8] On 24 January 2019 Mr Handy emailed the Secretary requesting an extension of time due to medical reasons. The request was supported by a medical certificate, dated 18 January 2019, issued by Dr Chetan Patel. The certificate stated: The above patient was seen and examined by me and in my o...

3. [2012] NZEmpC 156 Newick v Working In Ltd [pdf, 226 KB]

   ...Judgment: 7 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The defendant (Working in Limited (WIL)) seeks orders striking out one of the plaintiff’s causes of action. 1 The cause of action relates to a claim of estoppel. The defendant submits that the claim is not within the Employment Court’s jurisdiction and is otherwise an abuse of process. The abuse of process argument is advanced on two grounds. Firstly, that the estoppel cl...

4. New fees framework for family legal aid providers - summary April 2012 [pdf, 925 KB]

   ...will assist in ensuring that sufficient legal aid providers continue to be available; The frequency of Additional Factors has increased as has the fixed fee level. We also take the view that an amendment to grant is a more suitable mechanism to request additional funding where applicable; Full fees are available for repeatable activities. Activities which attract reduced fees due to efficiencies have been scaled back to apply within a schedule as opposed to across the schedules. Th...

5. DE v KN [2024] NZDT 890 (11 December 2024) [pdf, 173 KB]

   ...of past or present facts, including “half-truths”, the Courts have found a breach of section 352. Representations about the property 19. DE claims that the selling agent said that the property was in “decent condition”. A disclosure form was supplied which said: a. there was only one leak in the middle bedroom which had been repaired; b. there were no further leaks in the property to their knowledge; and c. the respondent had disclosed any and all issues they knew...

6. Wai 3300, 2.6.011 Memorandum directions of Chief Judge Dr C L Fox following inquiry design judicial conference [pdf, 512 KB]

   ...claimants in their kōrero. Claim participation and eligibility 36. Crown counsel advised that the Crown had not yet conducted a thorough claim-by-claim analysis with respect to eligibility issues, in part to avoid an overly adversarial approach. Counsel requested the Tribunal and counsel to consider whether such a claim analysis was necessary or desirable at this stage, prior to the wānanga takiwā. 37. Several claimant counsel sought a further opportunity to file statements of claim for...

7. Ward [2011] NZWHT Auckland 69 [pdf, 82 KB]

   ...“built”. [8] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [9] He concluded that if this reasoning is applied to the consideration of the built-by dat...

8. Te Manutukutuku Issue 8 [pdf, 2.4 MB]

   ...Tribunal said it was important to remember that Ngai Tahu's major grievances were first made last century, but despite repeated approaches to successive governments the Crown failed to respond adequately. The long and complex nature of the claims is reflected in the size of the three-volume report, but the Tribunal stresses that no section should be taken in isolation and that the report needs to be examined in full to gain a proper perspective. The Ngai Tahu report is available...

9. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...and advised: “Hi [redacted]- Apologies for the delay in getting back to you. Packing is scheduled for Monday through Tuesday next week. Our Head of Quality has picked up a statement on your label – Complies with USFDA Do you have any information to support this claim? FDA registration #? Thanks [redacted]” 7. Before any reply was received, K Ltd sent a further email: Hi [redacted]- See attached letter from our Head of Quality. Unfortunately the label claim has pot...

10. IL v BG [2023] NZDT 449 (18 August 2023) [pdf, 226 KB]

    ...an offer has been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be formal or informal and can be created in writing or orally, or partly in writing and partly oral. It is more difficult to prove the existence of an oral contract but, once proved, it is legally enforceable between the parties in the same way as a