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1. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

   ...Auckland Prison [2012] NZHC 1241 (5 June 2012, Duffy J) at [86] and the observation that the appointment of an amicus is not done to assist a party or to ensure that he or she has legal representation. It is done to assist the court so that the judge who hears the substantive matter has his or her attention directed to all relevant arguments that can be made, and can maintain appropriate judicial distance from the inquiry that needs to be made. [26.2] There is a substantial differenc...

2. Mason v New Zealand Law Society [2015] NZLCDT 11 [pdf, 83 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2015] NZLCDT 11 LCDT 034/14 BETWEEN JANET MASON Appellant AND THE NEW ZEALAND LAW SOCIETY Respondent CHAIR Judge BJ Kendall (retired) MEMBERS OF TRIBUNAL Mr W Chapman Ms S Gill Mr A Marshall Mr S Morris HEARING at Wellington Tribunals DATE 6 March 2015 DATE OF DECISION 22 April 2015 COUNSEL Mr P McBride for the Appellant Mr K Johnston for the Respondent 2 RESERVE...

3. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...Judicature Amendment Act 1972 does not mandate any particular approach to the statutory test of whether an interim order is necessary for the purpose of preserving the position of the applicant. The legal answer must depend on an assessment by the Judge of all the circumstances of the particular case. Clearly the nature of the review proceedings will be material. So will the character, scheme and purpose of the legislation under which the impugned decision was made. And appropriate weigh...

4. GI v UE LCRO 206 / 2010 (21 October 2011) [pdf, 128 KB]

   ...considered under the Lawyers and Conveyancers Act, not the Law Practitioners Act. [22] Although GI is correct when he submits that the key part of section 351 does not necessitate any preconceived notion of success, it does necessarily involve a judgement as to whether or not the conduct complained of was such that proceedings could have been commenced. [23] The meaning of that phrase was considered by the New Zealand Law Practitioners Disciplinary Tribunal in Waikato Bay of Plen...

5. Kidderminster v Orkney & Kiddwelly LCRO 37 / 2010 (3 November 2010) [pdf, 123 KB]

   ...the very purpose of their instructions to recover it from Public Trust in the first place. In any event, the Standards Committee noted that an invoice was issued and considered this was sufficient and the action of the lawyers was reasonable and judged against the test to be applied for cases under the Law Practitioners Act it was not prepared to find misconduct or conduct unbecoming. [25] This office has previously set out the law concerning lawyers deducting fees from funds he...

6. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...reasonable builder who would have access to the manufacturers‟ specifications no greater detail would be required to achieve a workmanlike result. This was upheld on appeal in Sunset Terraces4 where Baragwanath J said: [121] I agree with the Judge. No purpose would be served by requiring a designer to incur the cost of providing detail not reasonably necessary for the task. There being no carelessness it is unnecessary to discuss the leading authorities Voli v Inglewood Shire...

7. MacKenzie v Christchurch City Council [2011] NZWHT Auckland 59 [pdf, 125 KB]

   ...process and issuing a CCC for the Wakefield Apartments. Page | 8 [18] The standards by which the conduct of a council should be measured are set out in Askin v Knox1 where Cook P concluded that a council officer’s conduct will be judged against the knowledge and practice at the time at which the negligent act or omission was said to take place. [19] The obligation on councils is to take all reasonable steps to ensure that the building work is being carried out i...

8. Briefing for incoming Minister 2017 - Votes Justice and Courts [pdf, 1 MB]

   ...Independent Crown Entity The IPCA’s purpose is to promote trust and confidence in New Zealand Police. The Board has experienced significant change in membership over the last two years, with two new members being appointed in October 2015 and Judge Colin Doherty taking up the position of Chair on 31 August 2017. Law Commission Independent Crown Entity The Law Commission is charged with the systematic review, reform and development of the law. It investigates and reports to Pa...

9. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...the affidavit to lead grant of probate which included the usual provision that the deponent believed the will produced with the affidavit was the deceased’s last will. It specifically noted:3 …The fact that the later Will could potentially be judged the last Will of Mrs AB and that this possibility was acknowledged by Mr WC, surely made it inappropriate for the application for probate for the earlier Will to be taken or 3 Standar...

10. Waitangi Tribunal - issue 58 of Te Manutukutuku [pdf, 675 KB]

    ...preliminary discussions about a negotiated settlement. The hundreds of claims in the Volcanic Plateau have been grouped into three dis- tricts for inquiry: Rotorua, Taupo, and Kaingaroa. The Tribunal in- quiring into these claims is made up of Judge Caren Wickliffe (pre- siding), John Clarke, and Joanne Morris. In order to assist the Minister and claimants, the Central North Island Tribunal has proposed to modify its inquiry process. In a paper issued on 25 March 2003, the Tribu...