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1. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   ...(ENV-2016-CHC-91 ) POWERNET LIMITED (ENV-2016-CHC-92) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND (ENV-2016-CHC-99) TRANS POWER NZ LIMITED (ENV-2016-CHC-100) Appellants INVERCARGILL CITY COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 279(1) of the Act) Hearing: at Invercargill on 19 March 2018 Appearances: P Williams for Director-General of Conservation P E Anderson for Royal Forest and Bird Protection Society of New...

2. BORA Policing Bill [pdf, 415 KB]

   ...the benefits of the objectives must outweigh the deleterious effects of temporarily circumscribing a person's right to use a public or private road. 65. There are, however, numerous instances where the state circumscribes the use of roads. Judge Ryan in Kerr v Attorney-General noted that: "It must be observed that if s 18 is concerned with freedom to use the roads then it must be one of the most qualified of the rights and freedoms affirmed by the Act for it is subject to the...

3. [2019] NZSAAA 1 (4 February 2019) [pdf, 417 KB]

   ...so. [16] It should be emphasised that, contrary to what seems to be the assumption of the appellant’s agent in this case, the income testing regime and reg 8 do not impose any obligation on any parent to actually assist their child if it is judged that in terms of the income guidelines they can afford to do so. If they decline to submit their income details when requested or if they refuse to help out when it is concluded that they can afford to do so, the consequence is simply tha...

4. LCRO 228/2016 SP v QH (27 June 2019) [pdf, 324 KB]

   ...whether a lawyer, following receipt of a request to provide files, attends to that request with sufficient promptness. [74] The difficulty of laying down “hard and fast” rules, and the critical need to consider context, is well illustrated by the Judge’s comment in Wilson, that “a nine month delay will of course almost invariably be undue. One month will often be undue, sometimes even less”.8 [75] The request to uplift the files and documents made on 5 November 2015 was...

5. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...and disclosure of known defects and issues with the LIM. All of these matters should be considered by the branch manager and agent when a property is listed for sale and in regular reviews relating to the sale process, [88] Every case must be judged on its merits and the particular facts of the case. We accept that not every breach of the Act or Rules by a salesperson will inevitably lead to a finding of a failure of supervision.

6. Proactive release - Prisoner Voting [pdf, 2 MB]

   ...incident of incarceration (e.g. freedom of movement, freedom of association). Removing the right to vote is an additional punishment on top of incarceration, rather than incidental to it. 33. In the foreword to the Waitangi Tribunal’s report Judge Savage commented that the Tribunal could see “no utility whatsoever in any restriction on prisoner voting”. 9gxv4z1bpw 2019-11-19 10:16:34 RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 6 Options for changing the...

7. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...a judgment under the civil standard of proof; the balance of probabilities. The "balance of probabilities" means what is alleged is more likely than not to have occurred. However, fraud is also a criminal issue, and criminal matters are judged to a higher standard of proof; they need to be proved beyond all reasonable doubt. There was historically much debate on the approach to be taken. This was resolved in the case of Z v Dental Complaints Assessment Committee where Blanch...

8. E v IAG New Zealand Ltd (3rd decision – quantum) [2019] CEIT-2019-0013 [pdf, 596 KB]

   1 IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEIT-0013-2019 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN PFWE AND JEE Applicant AND IAG NEW ZEALAND LIMITED First Respondent AND AND INTERNATIONAL STRATEGIC DEVELOPMENT NEW ZEALAND LIMITED (IN LIQUIDATION) Second Respondent QBE INSURANCE (AUSTRALIA) LIMITED (REMOVED) Third Respondent AND

9. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...the application for building consent was to be made by Mr B, came and went. The High Court litigation had continued despite the agreement recording that a stay of proceedings would be jointly applied for by 7 May 2016. On 12 May 2016, Associate Judge Osborne, as he then was, issued a Minute which recorded continuing frustrations and disagreements between the parties. A trial date was set down for mid-November 2016. 11) On 1 June 2016, Southern Response’s lawyers wrote to Mr Bs’...

10. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

    ...belief. When examining reasonableness, it will be aware that it is not uncommon for solicitors to be sued for professional negligence where they fail to advise a client to lodge first and argue for its validity afterwards…. The matter will be judged by the standards of a reasonable conveyancing practitioner possessed of the factual material available to the solicitor whose action in lodging a caveat is under scrutiny and advising and acting in the same circumstances. Would such a pr...