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1. Auckland Standards committee 4 v Smith [2015] NZLCDT 46 [pdf, 23 KB]

   ...orders. [5] Furthermore it is submitted that the costs claimed are excessive. [6] The Standards Committee points out that the New Zealand Law Society will bear the costs of the Tribunal and the prosecution and the costs of the prosecution will form a significant burden to the profession as a whole. The Committee’s costs are in the region of $12,000 and the s 252 costs will be in the region of $4,000. [7] The Standards Committee refers the Tribunal to the English Court of Appeal...

2. [2013] NZEmpC 176 Snowdon v Radio New Zealand Ltd [pdf, 53 KB]

   ...informing the Court that the Chief Executive of NZOA had been served with a witness summons in respect of these proceedings. Noting that NZOA was not a party to the proceedings and that the summons sought “an enormous amount of information”, it requested that it be set aside on the grounds that it “imposes a hardship” on the organisation and is “onerous and oppressive”. 1 [2013] NZEmpC 168. [3] The following da...

3. [2014] NZEmpC 39 Milne v Air New Zealand Limited interlocutory [pdf, 56 KB]

   ...submissions by 5 pm on 17 April 2014; A telephone conference will then be scheduled by the Registrar, in consultation with the parties, to enable the parties to be heard in person on the applications (in accordance with Ms Milne’s earlier request). [7] The parties should be aware that it is most unlikely, absent good reason, that any further extensions of time will be forthcoming. As I have previously observed, it is necessary for these proceedings to be prog...

4. ENVC Matiatia party corresp DMI memo of counsel 20150501 [pdf, 185 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2014-AKL-0000174 IN THE MATTER of an application by direct referral under section 87G of the Resource Management Act 1991 (Act) for resource consents to construct and operate a 160 berth marina in Matiatia Bay, Waiheke Island BY WAIHEKE MARINAS LIMITED Applicant MEMORANDUM OF COUNSEL FOR DIRECTION MATIATIA INCORPORATED AS TO FUTURE CONDUCT OF THE HEARING 1 May 2015 Solicitor

5. BT v YB LCRO 128 / 2010 (26 May 2011) - Costs Decision [pdf, 66 KB]

   ...which is believed to be incorrect. 2 [4] He is disappointed as to the review decision, and adamantly maintains the position that all other parties were “wrong” to advise that proceedings under the Harassment Act were the appropriate form of proceedings. [5] He makes the point that it was not necessary for the Respondent to be represented by counsel and that decision should not be visited on him by way of the costs order. [6] He considers that it would be “justly unf...

6. DJ v WT LCRO 149 / 2010 (23 September 2011) [pdf, 62 KB]

   ...raised further incidents concerning [the Respondent] that predated this complaint. The Committee considered that the further matters should have been raised at the time they occurred. The Committee resolved it would only address those matters that formed part of the original complaint.” [5] The Applicant’s review application was confined to the above paragraph concerning the Committee having declined to consider the complaints included in his second letter. [6] A review heari...

7. Jones v Wickliffe - Memorandum re CIV 2009-463-471 [2011] Māori Appellate Court MB 568 (2011 APPEAL 568) [pdf, 50 KB]

   ...findings of fact on contested evidence when that evidence has not been tested. Accordingly we submit that it is essential for cross examination to take place to enable the appropriate determinations to be made.” [6] The Court declined the request for the following reasons: a) Prima facie, proceedings before the Māori Appellate Court are by way of rehearing. The Court allowed further evidence by affidavit with the consent of both counsel. b) Whilst a case stated is not an ap...

8. WHT - Code of conduct for expert witnesses - Chair's Directions [pdf, 83 KB]

   ...Describe the ambit of the evidence given and state either that the evidence is within the expert’s area of expertise, or that the witness is relying on some other (identified) evidence; g) The data, information, facts, and assumptions considered in forming the expert’s opinions; h) State the reasons for the opinions expressed; i) State that the expert witness has not omitted to consider material facts known to the witness that might alter or detract from the opinions expressed; j...

9. MLC - 2012 August - leases/licences of Māori reservation land [pdf, 183 KB]

   ...least 21 years. If the borrower defaults the lender is entitled to remove the house from the land. Currently Housing New Zealand provides financing along similar lines through the kāinga whenua scheme. However, section 338(12) is a barrier to that form of financing on papakāinga reservations. There are not many options for people wishing to build on papakāinga reservations but who need to borrow in order to do so. However, it is possible to make application to the Court to have a...

10. BORA Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Bill [pdf, 207 KB]

    ...determinations made by the Department of Labour in regard to their applications; • allow the Department of Labour limited discretion to approve paid parental leave applications that would otherwise be ineligible due to irregularities as a matter of form; and • lower the eligibility threshold for a subsequent period of parental leave from 12 months to six months. 4. We note that in December 2001 in relation to the Parental Leave and Employment Protection Amendment Bill (the "...