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1. [2020] NZREADT 06 - Wheeler - Ruling (4 May 2020) [pdf, 313 KB]

   ...that he not make any mention of it to those interested in purchasing the property. [4] Mr Ledger does not dispute that he knew about the event. His view was that any damage which had been done to the property including the repairs of the water line had been attended to at the time. Mr Ledger considers that there was no need for the event to be disclosed because it was not a current or relevant event that would affect the judgement of potential buyers. While the event had occurred, a...

2. LCRO 139/2018 KB v LD (21 November 2018) [pdf, 101 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [21] More recently, the High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...

3. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

   ...said that had he been leading the trip, he would not have been able to continue on the trip because it would not have been safe to do so. I accept LS’s evidence on this point, and I am satisfied that there has been no failure by BN to exercise his judgement that it was not safe for UI to continue on the trip. (d) However, while LS did say that he did not hear BN shouting at UI (except for the incident on the river), LS did describe BN’s manner as “very military”. LS said that dif...

4. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...Hearing: 8-11 June 2010 (7 Waikato Maniapoto MB 21-346) (Heard at Tauranga) Appearances: Mr J P Koning, Counsel for the Applicants Mr A A Hopkinson, Counsel for the Defendants Mr C M Bidois, Counsel for the First and Second Third Parties Judgment: 27 September 2011 RESERVED JUDGMENT OF JUDGE S R CLARK AS TO COSTS Copy to Counsel: Mr J P Koning, Koning Webster, P O Box 13309, Tauranga 3141, john@kwlaw.co.nz Mr A A Hopkinson, Cooney Lees Morgan, DX HP40001, Taur...

5. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...that is at the heart of this proceeding. [6] Mr SW complained about statements made by Mr LM in those submissions. [7] At the time the Standards Committee considered Mr SW’s complaint and made its determination, the Court had not issued its judgment. At the review hearing on 30 August 2017 Mr SW provided the Court’s judgment. This has been largely disregarded in conducting this review because the review by this Office involves a consideration of the Standards Committee’s...

6. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...373 Aotea MB 44-47 dated 18 July 2017 (Heard at Whanganui) Appearances: H Bell in person Dr B Gilling for Whanganui Trust D Churton in person Judgment: 12 September 2017 INTERIM JUDGMENT OF JUDGE L R HARVEY Copies to: H Bell PO Box 4035 Whanganui 4541 R Boast, Faculty of Law, Victoria University, PO Box 600, Wellington 6140 richard.boast@vuw.a...

7. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...lodging successive complaints and an appeal to the Immigration and Protection Tribunal was wholly misguided and devoid of merit. Even at the hearing, Mr Golian maintained that his approach was correct. Mr Golian was found to be so lacking in judgement and skill that he was either unable to appreciate the errors made or unwilling to consider that he might be wrong. [11] Mr Golian’s advice to lodge a complaint and pursue an appeal rather than to follow the approach proposed by Mr...

8. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...which constrains her ability to demonstrate a lack of independence on Ms B2’s part. There is no evidence of Ms B2 lacking independence in any of her professional dealings. A lawyer cannot be criticised for exercising independent professional judgement on behalf of a client or for exercising professional judgement solely for the benefit of the lawyer’s client. Failed to take instructions from Mr JB and act accordingly [41] There is no evidence that supports the proposition th...

9. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

   ...for social or economic support; • much sexual violence involves a series of assaults over many years by one perpetrator against the same victim or victims; and • sexual violence is frequently associated with beliefs and ideas based in moral judgements about how people (especially women) should and should not behave. Fact finders in cases involving serious charges are frequently jurors, who may be affected by such beliefs and ideas. Sexual violence occurs throughout society, an...

10. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

    In the Environment Court of New Zealand Christchurch Registry I Mua I Te Kōti Taiao o Aotearoa Ōtautahi Rohe ENV-2020-CHC-127 Under the Resource Management Act 1991 In the matter of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago Otago Regional Council Applicant Statement of Evidence of JOHN WILLIAM HAYES for the Otago Fish and Game Council and Central South Island Fish and Game