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1. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...weight on defence counsel ' s tactical decision not to call [...] as a witness. 4. Between September 2011 and December 2012, the Ministry had a number of exchanges with Mr Watson's legal team, relating to the Ministry' s requests that they provide the information the Ministry requested in its letter dated 1 September 2011. 5 . Mr Watson's legal team responded substantively to the Ministry' s requests for further information as follows: • 22 Sep...

2. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...MDHB, whilst Ms Spilman accepted employment elsewhere.31 [32] BCL employees received a further communication on 26 March 2020, thanking them for their support and commitment and advising their final pay would be made on 15 April 2020, unless they requested an earlier option of 3 April 2020.32 [33] No redundancy compensation or payment in lieu of notice was paid. Ms Wright attributed this to the fact that staff had been offered terms and conditions that were considered generally no...

3. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...Registrar: Self-represented Complainant: No appearance Adviser: S Laurent, counsel 2 PRELIMINARY [1] The complainant’s husband (who will be known as the client) was in New Zealand unlawfully. The adviser was engaged to make a discretionary request to Immigration New Zealand (Immigration NZ) for a visa. It was duly made and declined, so a second discretionary request was made, which was also unsuccessful. [2] A complaint against the adviser was made to the Immigratio...

4. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...Prosecutions) in response to an email from AJY raising concerns about PFD’s work performance. AJY’s bullying complaint was not discussed during the meeting. Subsequently, Mr Tukula decided to transfer PFD out of the Prosecutions team at PFD’s request. He did this without any knowledge of the bullying complaint. [16] There was additional evidence provided as to what happened with the complaint from Corrections’ perspective. It appears that various individuals thought that...

5. White v Rodney District Council [pdf, 101 KB]

   ...4 White and Wilna White. Settlement and possession of that sale occurred on or about 25 January 2002. The agreement for sale was conditional upon the purchasers acquiring finance sufficient to complete the purchase and a satisfactory Land Information Memorandum from the Council. Both of these conditions were satisfied prior to the settlement of the sale. [9] The sale agreement was drafted on the Real Estate Institute of New Zealand and Auckland District Law Society form o...

6. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...new builder ends up effectively warranting previous work, and there is a reluctance for builders to complete the work of others. It is reasonable to allow for the time and cost of attending to due diligence in this process. 21. Based on the information provided in the hearings, I am satisfied that the remedial work referred to in paragraph 16 would have taken 2.5 days out of the 5 charged, with the inspection work prior to this starting being a further day. Approximately 3.5 days...

7. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

   ...undertaken over ten dates during the summer period to confirm compliance with the interim enforcement orders. The outcome was that there was general compliance with some compliance issues to be resolved. (m) Further to this, the s 27 4 parties requested that an audit be completed as to the buildings on site. The Council was directed by the Court to complete this and it did so. (n) On 22 February 2019 the second interim decision of the Environment Court was issued. 7 In that deci...

8. Legal Services Agency closure & annual report 2011 [pdf, 976 KB]

   ...responsibility is to review decisions of the Legal Services Commissioner. The Governor-General has appointed a full-time chair and several part-time lawyers to the Tribunal on the recommendation of the Minister of Justice. All matters that could result in requests for reviews by the Tribunal will first have to go through an internal reconsideration process. Under the new regime, lawyers will not be able to seek reviews of the Commissioner’s decisions on claims. A new Review Authority...

9. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...As that submission was unsupported by evidence or detail, however, I could give it little weight. In the interests of making a just decision, I gave the plaintiffs a further opportunity to provide evidence of their means. They did this in the form of a joint affidavit filed on 16 December 2011. In the meantime, counsel for Ms Bennet filed a further memorandum containing submissions on the significance of the ability to pay together with an affidavit evidencing the plaintiffs’ o...

10. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

    ...site, the initial evidence for the applicants was non-existent. The court was troubled by the lack of detailed plans which should have been supplied with the application as set out in the City Plan's rules. For its part the Council should have requested further information on that issue. If it had, the appellants might have been satisfied, or at least less challenging. So the Council is at least partly responsible for the size of its bill. The applicant were saved in part by th...