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1. Morpeth v Ramsey LCRO 110 / 2009 (12 November 2009) [pdf, 82 KB]

   ...Rather it is necessary to consider objectively whether a reasonable person in the shoes of the client would consider that he was obtaining legal services. It was stated by Mummery LJ in Longstaff v Birtles [2002] 1 WLR 470, 471 that: a duty may endure beyond the termination of the retainer which initially formed the professional relationship of [lawyer] and client … The source of the duty is not the retainer itself but all the circumstances (including the retainer) creating a rela...

2. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   ...unacceptable delays in allocating fixtures for telephone conferences, hearings and in the issuing of decisions. See, Wall v Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8. Given the resource pressures in the Tribunal and the long delays that litigants endure waiting for hearings, applications for adjournment of hearings shortly before commencement require careful consideration. Having determined on 10 May 2018 that it was not fair or reasonable to allow an adjournment to enable...

3. E71 Keith Ingram - EIC - Tug William C Daldy [pdf, 3.5 MB]

   ...remains today Auckland’s own. However we must acknowledge that during the pre-trial mediation hearings the applicant did recognise us, and as a result we entered into free and frank discussions with Panuku in good faith in the hope we could seek an enduring solution to our berth problems. Progress thus far If it pleases the Court, we must advise that although we remain in discussions with both Panuku and POAL re; a potential alternative berth for Auckland’s heritage steam tug,...

4. [2020] NZREADT 23 - SureCapital Real Estate Limited (12 June 2020) [pdf, 179 KB]

   ...intended to deceive people into thinking that Ms McGirr was a licensed branch manager, or that Mr McGirr held himself out as branch manager. She submitted that SureCapital knew that Ms Pepper was based in Whangarei, but did not take adequate steps to endure there was an effective system of supervision in place following Mr Tuhoro’s departure. [38] She submitted that this was a systemic failure, persisting for months, and not a “one-off” event, and warranted a finding of serio...

5. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...system improvement. Victims reported that it was very difficult getting information to the Family Court to ensure judges had all the relevant information, and at times the victims had not been supported to provide evidence about the abuse they had endured. Again, this reinforced their concern that the workforce be adequately informed on the dynamics of family violence in order to best support and empower victims and their families. “There sometimes needs to be more informatio...

6. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 KB]

   ...to bring the proceedings to a close (inclusive of resolving costs), coupled with the additional costs they are forced to incur. Our clients take a dim view of the stress CS (in her 80s) has been and continues to be put under due to her having to endure baseless fraud allegations and the proceedings themselves, she having been the occupier at whom the fraud allegations are levelled. The complaint would seek compensation from you for any loss to them on costs they do not recover from your...

7. Hapaitia te Oranga Tangata Summit and Programme Update [pdf, 2 MB]

   ...lived experience of the criminal justice system to inform our understanding of the problems and the change required 4.4. Working to hear the concerns of a wider public and working with them to obtain the social license necessary for any change to be enduring, including applying the most recent research to develop effective and democratic consultation processes 4.5. Using evidence to inform decisions. 5. The intent of the Hāpaitia Programme is summarised in the Programme name and the...

8. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...in a manner fitting with his status as a member of the Bar. The Supreme Court’s decision observes:16 [68] Lawyers potentially face criticisms and pressures on a daily basis. They are expected by the public, on whose behalf they serve, to endure them with civility and dignity. This is not always easy where the lawyer feels he or she has been unfairly provoked, as in this case. But it is precisely when a lawyer’s equilibrium is unduly tested that he or she is particularly called...

9. Tana v Mahanga - Pukahakaha East 5B (2024) 270 Taitokerau MB 272 (270 TTK 272) [pdf, 293 KB]

   ...That said, I do not accept that Mr Tana seeks to save the Trust, who are his whānau, the stress and cost of litigation. His actions to date illustrate otherwise. [59] Nor has Mr Tana addressed the reputational damage that the Trust say they have endured due to his applications. 15 [1998] 2 NZLR 103 at 110. 270 Taitokerau MB 282 [60] The Preamble to Te Ture Whenua Māori Act 1993 (“the Act”) talks about the protection of “rangatiratanga”, as is embodied in the Tre...

10. Tao v Body Corporate 198693 [2023] NZHRRT 39 [pdf, 167 KB]

    ...Tao could not vote at the AGM as she owed money to the Body Corporate. Consideration of the alleged discrimination [21] Turning first to the nomination of Mr Li. Ms Tao says Mr Li’s nomination for Body Corporate office was valid as he had an enduring power of attorney from his mother, who was a unit owner. That document was not in evidence before the Tribunal. [22] In any event, the UT Act refers to being an “owner” of a unit as a pre-requisite for holding office in a body c...