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1. Regulatory Impact Statement Family Court Review [pdf, 174 KB]

   ...current family law practices in New Zealand. New Zealand Universities Law Review 24 136; Cummings E. and Davies P. (1994) Children and marital conflict: The impact of family dispute and resolution. New York and London: The Guilford Press; McIntosh (2003) Enduring conflict in parental separation: Pathways of impact on child development. Journal of Family Studies 9(1): 63-80. 3 Hunt J. and Trinder L. (2011) Chronic litigation cases: Characteristics, numbers, interventions. A report for the F...

2. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...award the amount sought of $2,500. Non-economic loss [67] The plaintiff sought $80,000 to compensate her for the distress and ill health she has sustained as a result of the defendant’s breaches. Mr Hooker submitted that the plaintiff has endured stress which has been severe, unrelenting, and has permeated ever aspect of her life. It has left her with a life long disability and has affected her professional career and her personal life. Mr Hooker contrasted the plaintiff...

3. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...[51] Some other professions have quite different issues, where extremely personal disclosures and confidences can trigger other sensitivities in relation to a change of status between the client and the professional. Obligations in such cases may endure permanently and inhibit forming a different relationship between the professional recipient of a confidence, and their former client. 16 [52] In this case the evidence is that Ms Atia and the complainant first became inv...

4. Teina Pora compensation claim quantum report [pdf, 9 MB]

   ...then and afterwards that in my view are deserving of no less weight. In all the circumstances compensation of slightly more than twice a notional average, without deduction, seems commensurate to the quite exceptional suffering that Mr Pora has endured. 82. The sum of $225,000 reflects the stipulation in the Guidelines that on average awards under this head would even out at $100,000. If, as I have suggested, that figure is adjusted for inflation, there should be a corresponding adj...

5. [2021] NZREADT 16 - Davidson (12 April 2021) [pdf, 338 KB]

   ...Davidson was recorded in the hospital’s clinical notes as having deficits in vision and visual perception, motor functioning, balance, memory and learning, and showing confusion. The Tribunal was advised that there was a discussion as to whether an Enduring Power of Attorney (“EPA”) executed by Mr Davidson should be invoked, but medical staff considered that there was no basis for doing so. We have not been able to find any reference in the clinical notes to this advice havi...

6. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...TC wrote to Mr and Mrs SH, enclosing statements setting out the financial positions of Mr and Mrs SH and the three trusts for Mr and Mrs SH to check. He also raised issues in relation to wills he had drafted, and made suggestions concerning an enduring power of attorney (EPOA) and living wills. [13] On 9 August 2012 Mr TC wrote once again to Mr and Mrs SH, seeking clarification about aspects of Trust A and Trust B. Mr TC referred to the advice provided in his correspondence dated...

7. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...Ward-Williams, A Houston, A Bublitz, W Stephens, First and Second Applicants Judgement: 24 January 2003 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: Bell Gully, Wellington Minute Book: 123 AOT 160 "The marae is probably the single most enduring institution within Maoridom. In cases where the language has been weakened the marae continues. In cities marae have been created and flourished. Interestingly new tribes have not been formed. The functioning of the marae can b...

8. [2020] NZEnvC 181 BW Offshore Singapore Pte Ltd v Environmental Protection Authority.pdf [pdf, 1.4 MB]

   ...consequences in constraining (usually foreign) vessels from activities within the EEZ area. The decision creates a level of certainty for foreign operators in these waters. Such decisions create a legitimate expectation by companies that the decision will endure unless there is a clear reason for departure. That the Tui oil field was fully operational [46] Clearly, at the time the FPSO was disconnected, valves would need to be closed and the lines would need to be flushed. BW Offshore a...

9. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...9 Affidavit of Philip Strang of 5/8/19, annexure “B”. 10 See paragraph [18] of this decision. 12 [35] We remind ourselves of the statement by Mummery LJ in Longstaff v Birtles11 that: That 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 relations

10. [2018] NZEmpC 113 Richora Group Ltd v Cheng [pdf, 396 KB]

    ...unjustified actions on the employee, not the characterisation of the breach itself. In this case Ms Cheng suffered an unjustified constructive dismissal. That is not, in and of itself, relevant to an assessment of the degree of compensatible harm she endured as a result. 16 C Inglis “Compensation for humiliation, loss of dignity and injury to feelings” (paper presented to The Law @ Work Conference 2018, Auckland, June 2018) at 8...