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1. LCRO 81/2021 PD v BN (31 August 2022) [pdf, 104 KB]

   ...says the invoice related to three transactions and that the estimate was $1,500 for each transaction, resulting in an estimated fee of $4,500. [13] BN notes that the fee charged was less than that. Discussion [14] The Standards Committee formed the view that it was more likely than not that the letter of engagement had been posted to PD.3 It needs to be added here that the version of the letter of engagement was the version that includes an estimate of $1,500 for each transac...

2. [2021] NZACC 136 – Anderson & O'Leary Ltd & Ors v ACC (17 September 2021) [pdf, 111 KB]

   ...(3) Despite subsection (2), the Corporation may classify the employer's employees in separate classification units for different activities if the employer meets the threshold (if any) specified in regulations and if— (a) the employer so requests; and (b) the employer is engaged in 2 or more distinct and independent activities; and (c) each of those activities provides services or products to external customers in such a way that each activity could, without adaptation, c...

3. Phares -Tiopira Popata Whanau Trust (2021) 224 Waikato Maniapoto MB 252 (224 WMN 252) [pdf, 200 KB]

   ...give effect to the Deed of Appointment. Mr Dennis submitted that the issue arose with Land Information New Zealand (“LINZ”) when steps were taken to register the appointed trustee, Tamahae Phares, on the certificates of title. LINZ had wrongly formed the view that this trust is a whānau trust constituted under the Act, and required an application to be made to the Māori Land Court. [11] To be clear, the trust is not a whānau trust constituted under the Act, and therefore...

4. [2022] NZEmpC 203 Potgieter v Bliss Beauty NZ Ltd [pdf, 147 KB]

   ...Hearing: On the papers Judgment: 15 November 2022 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for freezing and ancillary orders) [1] The applicant has applied without notice for a freezing order against their former employer (the first respondent) and ancillary orders against the second and third respondents. The second respondent is the company’s sole director and owner. The third respondent is the second respondent’s business partner. [2] T

5. MOJ0588_What-to-expect-at-family-court_A5_MAR23-WEB.pdf [pdf, 507 KB]

   ...services in your area. Contact: • Visit your local court • Email kaiarahi@justice.govt.nz • Freephone the Ministry of Justice on 0800 224 733 Organisations to help you Citizens Advice Bureau They help you understand your rights and fill out forms. • Freephone 0800 367 222 • Visit cab.org.nz Community Law Centre They offer free, confidential one-on-one legal help for people across Aotearoa New Zealand. • Visit communitylaw.org.nz Family Services Directory They have...

6. 20230725-McLean-Institute-Trust-Variation-Bill-final-for-publication [pdf, 175 KB]

   ...Human Rights Act is a savings provision relating to charitable instruments. The effect of this section is that provisions in a will, deed or other charitable instrument which confer charitable benefits on a discretionary basis are exempt from the forms of conduct potentially unlawful under Part 2 of the Human Rights Act.2 Section 150 could conceivably apply here given the Bill amends a trust deed deriving from a will. If it does, section 19 of the Bill of Rights Act would not be engag...

7. National Standards Committee 2 v Mr Q [2023] NZLCDT 27 (18 July 2023) [pdf, 75 KB]

   ...balance from the starting point of ‘open justice’, and the suppression of his name was refused. Suppression of the complainants’ names and the practitioner’s firm were granted. That order continues. [10] We have reconsidered the matter as requested by the Honourable Court. Mr Q2 is also a legal practitioner. He shares the practitioner’s (uncommon) name and there are other significant similarities between the two. We accept there is a real likelihood of Mr Q2 being u...

8. [2024] NZEmpC 145 MAH Enterprises (Fiji) Limited & Anor v A Labour Inspector [pdf, 179 KB]

   ...for want of prosecution, I have no difficulty concluding that the Court has the power to take such a step.3 [10] What is the procedure to be followed in determining an application? As reg 6(2) provides: (2) If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the court must, subject to section 212(2) of the Act, dispose of the case- (a) as nearly as may be practicable in accordance...

9. Guidelines-for-Counsel-for-Subject-Person-Appointed-Under-The-Protection-of-Personal-and-Property-Rights-Act-1988.pdf [pdf, 155 KB]

   ...New Zealand Law Society. (h) The “FLS Best Practice Guidelines” means the FLS Lawyer for the Subject Person Best Practice Guidelines. 5 APPLICATIONS AND SUPPORTING EVIDENCE 5.1 Schedule 9 of the Family Court Rules 2002 provides for the format of applications under the PPPR Act. 5.2 An application is to be filed with affidavit evidence which addresses all jurisdictional issues relevant to the application(s), including service on the subject person, attendance of the subjec...

10. Applications-under-the-PPPR-Act-practice-note-revised-July-2024.pdf [pdf, 172 KB]

    ...New Zealand Law Society. (h) The “FLS Best Practice Guidelines” means the FLS Lawyer for the Subject Person Best Practice Guidelines. 5 APPLICATIONS AND SUPPORTING EVIDENCE 5.1 Schedule 9 of the Family Court Rules 2002 provides for the format of applications under the PPPR Act. 5.2 An application is to be filed with affidavit evidence which addresses all jurisdictional issues relevant to the application(s), including service on the subject person, attendance of the subject pe...