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1. Civil Proceedings Steps March 2017 [pdf, 826 KB]

   ...legal aid  Liaising with Legal Aid  Identifying legal and factual issues  Preparing Notice of claim  Filing Notice of claim with the Court  Serving Notice of claim on respondent/defendant  Reporting to client  Default judgement or formal proof – if no response to Notice of claim or Information Capsule  Reporting to and invoicing for Legal Aid Application for mediation or other alternative dispute resolution (District Court Rules 2009, r. 1.7)

2. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...that the disputes resolution provision in clause 48.1 of the sublease is not an arbitration clause, and says when, at Mr ND’s request, an arbitrator was appointed, [KLM] challenged the appointment in the High Court. [22] [KLM] refers to the Judge’s comments in those proceedings that practical matters on farms such as “drainage”, and “culverts”, are “best handled by a farm consultant”, and a lawyer “could only be helpful in terms of reading the lease” and advisin...

3. [2021] NZEnvC 043 Turner v Thames-Coromandel District Council [pdf, 1.4 MB]

   ...an application for declaration under s 311 of the Act LYNN CRAIG TURNER (ENV-2020-AKL-000139) Applicant L't7NE1TE BARRETT First Respondent THJ\JvIBS COROwIANDEL DISTRICT COUNCIL Second Respondent Before: Chief Environment Court Judge DA Kirkpatrick sitting alone under s 309(1) of the Act Hearing: Auckland on 18 January 2021 Appearances: B Carruthers for J\,1r Turner K Littlejohn for Mrs Barrett D Riley for the Council Dale of Decision: 12 ,\pril 2021 Date of Iss...

4. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   ...BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckland Council Mr NJ Morrison and Mr RB Enright for t...

5. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...been filed and whether it will be defended. Disclosing the names of the parties is preferable to media speculation. [14.3] The general nature of the underlying dispute between the parties is already in the public arena and it is inappropriate to prejudge the merits of the claims and counterclaims in issue. [14.4] Mr Craig has filed a counterclaim and has rights in this matter as both a defendant and a plaintiff. [14.5] Ms MacGregor is and chose to be a public figure, having been the...

6. [2019] NZEnvC 014 Arthurs Point Land Trust v Queenstown Lakes District Council [pdf, 7.3 MB]

   ...ARTHURS POINT LAND TRUST (ENV-2018-CHC-076) UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) NGAI TAHU TOURISM LIMITED (ENV-2018-CHC-134) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Sitting alone under section 279(1) of the Act Hearing: At Queenstown on 19 December 2018 Appearances: J Leckie for Arthurs Point Land Trust K L Hockly for Queenstown Lakes District Council M E Parker and E L Keeble for Art...

7. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   ...8 Re Complaint No. C20739, 3 April 2018, at paragraph 3.1(a). 9 Re Complaint No. C08370, 16 February 2016, at paragraph 3.4. [98] He submitted that these are the standards against which Ms Tafilipepe judged her behaviour. He submitted that she had operated at all times with the best interests of her clients at heart, and on the express instructions of the owners of the properties. [99] Mr Todd further submitted that Ms Tafilipepe had no

8. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...valid retainer which “did not cost Mrs RC one cent” because she had legal aid. [50] Whilst he “think[s] that [he] was aware” Mrs RC’s lawyer had declined to act, he submits it was up to him to decide whether to act “based on [his] own judgement”. He submits Mrs RC “had a legal right to challenge the key assessment that she was unable to manage her affairs”, particularly since “the penultimate clinical assessment … indicated she was competent”.8 (b) Famil...

9. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...applications for declarations pursuant to section 311 PETER WILLIAM MAWHINNEY (AS A TRUSTEE OF WAITAKERE FOREST LAND TRUST AND THE FOREST TRUST) (ENV-2015-AKL-088) (ENV-2018-AKL-145) Applicants AUCKLAND COUNCIL Respondent Environment Judge J R Jackson (Sitting alone under section 279 of the Act) In Auckland on 1 October 2018 (Final submissions received 15 October 2018) P W Mawhinney for the Waitakere Forest Land Trust and the Forest Trust B Ford for the Auckland Counci...

10. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

    ...refers to Muir J’s minute of that teleconference in which His Honour stated that in his Judgment No 1 he had “ruled against Mr JQ’s belated attempts … to file evidence shortly before trial and in breach of earlier orders made by Associate Judge Bell”.5 (4) Unnecessary calculation exercise — costs incurred [21] Ms DC claimed Mr DO incurred “unnecessary and very substantial costs working out” the final distribution from the firm’s trust account. She described the...