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1. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   ...NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines Hearing: In Chambers at Christchurch Date of Decision: 29 September 2020 Date of Issue: 29 September 2020 FINAL DECISION OF THE ENVIRONMENT COU...

2. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...brought the legal profession into disrepute; (b) Mr AD had disclosed confidential information; (c) Mr AD had made accusation that they had behaved improperly, when there had been no inquiry into their conduct — he had essentially acted as “judge, jury and executioner”; (d) Mr AD had breached a number of the Lawyers and Conveyancers Act (Lawyer: Conduct and Client Care) Rules 2008 (the Rules) specifically rr 1.4(c) (negligence), 2.3 (use of legal procedures for improper purpo...

3. 2021-05-21 ORC & OWRUG - MOC - identifying issues for determination regarding dams [pdf, 447 KB]

   ...RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant JOINT MEMORANDUM OF COUNSEL IDENTIFYING ISSUES FOR DETERMINATION REGARDING DAMS 21 May 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.c...

4. [2021] NZEnvC 113 Minister of Conservation v Northland Regional Council [pdf, 1.5 MB]

   ...(ENV-2019-AKL-122) AND AND AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAIHARBOUR RESTORATION SOCIETY (ENV-2019-AKL-110) Appellants NORTHLAND REGIONAL COUNCIL Respondent Judge J A Smith Commissioner S K Prime Commissioner S C Myers Last case event: 3 -5 May 2021 5 May 2021 Appearances: SJ Ongley and M Downing for the Minister of Conservation (The Minister) PD Anderson for Royal Forest and Bird Protection...

5. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

   ...before their transfer may register is insufficient to meet this obligation. 9 Sale of Land McMorland at 11.02 – Palmer v Lark [1945] Ch 182 at 184-185 per Vaisey J, Shetland Farms Ltd v Plateau Farms Ltd (2009) 10 NZCPR 597 at 40-43 per Associate Judge DGJ Gendall 37. If the purchaser’s solicitor had raised the issue of the title not being immediately transferrable, there were various options open to the parties under the Agreement, with penalty interest payable by the vendor if...

6. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

   ...arguable cause of action or defence. The jurisdiction is wider than that of the High Court and it can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.1 [4] The learned Judge in Vero Insurance2 adopted the comments of Katz J in Saffioti v Jim Stephenson Architect Ltd3 urging caution in removing a party: [44] Nevertheless, it is my view that the cases where it will be “fair and appropriate” for the...

7. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...DISCOVERY INCOMPLETE The relevant principles [37] As pointed out in Lighter Quay Residents’ Society Inc v Waterfront Properties (2009) Ltd [2017] NZHC 818 at [16], HCR, r 8.19 allows an order for particular discovery to be made if it appears to a judge, from evidence or from the nature or circumstances of the case or from any document filed in the proceeding, that there are grounds for believing that a party has not discovered one or more documents or a group of documents that should...

8. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

   ...Tribunal. In this case J had received funds in excess of the amount which had been agreed to be paid to J’s client. J did not advise his client what the consequences could be if the funds were paid out, as instructed. [101] In the judgment, the Judge recorded some of the comments made by the Tribunal: [26] In considering the misconduct charge brought against Mr J, the Tribunal identified: The central issue to be decided is what responsibility [Mr J] had to his client in respe...

9. LCRO 106/2022 MG v WL (30 June 2023) [pdf, 247 KB]

   ...Examples of “special circumstances” might include a situation where a lawyer had undertaken no work at all for the fees invoiced or a matter where the work undertaken was deemed to be incompetent. [79] However, other comments made by the three Judges in Cortez suggest that Ms MG should not be deprived of the opportunity to have Ms WL’s fees examined. I refer, for example, to comments made by Richardson J:32 … the expression “special circumstances” should not be construed...

10. Progression-of-reported-sexual-assaults-through-the-criminal-justice-system-2024.pdf [pdf, 500 KB]

    ...in the reporting year. Where multiple victims are involved in a single incident, a sexual assault is counted for each victim. The term ‘victim’ is used in this report for consistency with the definition in the legal system and is not a value judgement on those who have experienced sexual assault. A perpetrator is a person accused of committing the sexual assaults reported to Police. Where multiple perpetrators are involved, analysis is based on the most serious outcome across pe...