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1. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...cases where a solicitor is acting for more than one party “the involvement of a solicitor has too often been a formality or merely served to reinforce [one party’s] wishes and undermine any scope for the [other party] to exercise an independent judgment whether to comply”. 5 .… … Any consent to a lawyer continuing to act in the face of a conflict of interest must be given freely and the client must be made fully aware of the consequences of such consent. It must be more th...

2. Justice Sector Prison Projection Report 2018 [pdf, 629 KB]

   ...consultations with experts from the Ministry of Justice, New Zealand Police, the Chief District Court Judge’s chambers, the Department of Corrections, the Treasury and Crown Law. The assumptions were based on analysis of past trends as well as expert judgement from justice sector decision makers on future trends. The key assumptions used in the projections are: • Number of new prosecutions – especially for more serious cases • Number of people starting custodial remand...

3. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

   195 Aotea MB 127 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT Hearing: Counsel: Judgment: Introduction A20070012511 UNDER Te Ture Whenua Maori Act 1993, section 19(1)(d) IN THE MATTER OF Ngarara West B3B AND 13,15 November 2007 JOHN MAXWELL WEBSTER Applicant GRAHAM HARPER TAKARANGI as agent for the former owners of N garara West B3B Respondent Mr L Watson for the applicant Mr G H Takarangi, agent for the former owners 19 November 2007 RESERVED JUD...

4. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...[2014] NZSC 55 dealing with different levels of culpability of company directors for Securities Act 1978 offending. In particular, the distinction drawn by the sentencing Judge, whose approach was upheld in the Supreme Court, between an error of judgment or carelessness, and gross negligence which amounts to a major departure from the standard of care to be expected when a director performs a statutory duty. [36] Mr Hodge submits that whether the language used is of a serious departure...

5. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...and parking spaces shall be formed, drained and sealed, and thereafter maintained, in a permanent dust-free a/I-weather surface such as concrete, cobblestones, chip seal or asphalt. 8. Vehicle parking spaces shall be delineated with white painted lines with the exception of the accessible needs and loading spaces, which shall be delineated with yellow painted lines and have appropriate signage in accordance with NZS 4121 requirements. Markings shall be regularly maintained. landscaping...

6. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...search for a superficial tissue sample failed. 88. Dr Platz has acknowledged the tragic outcome for Mr A and his family from his clinical handling of Mr A in June and July 2016. He has accepted that he made a number of incorrect assumptions and judgements, and that he should 24 have sought more information and collegial support instead of concluding that gaining a histological sample in a laparoscopic/open operation would be the appropriate way. He acknowledges that he m...

7. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

   ...structures. It is difficult to see how attachments in this way to the pontoons, the anchor in the riverbed and the rings in the embankment wall could possibly make the houseboat part of the land. One is bound to ask “which land?” There is in my judgment no satisfactory answer to this question. More importantly, however, all these attachments could simply be undone. The houseboat could be moved quite easily without injury to itself or the 15 Rule 17.5.2.1 of the Rural 1 z...

8. LCRO 137/2015 RR v BN, SF, WE, IM and PL (3 August 2018) [pdf, 112 KB]

   ...view 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. [19] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

9. Ashcroft v Phillips - Mohaka A4 (2005) 180 Napier MB 210 (180 NA 210) [pdf, 222 KB]

   TAKITIMU DISTRICT Hearing: Appearances: Judgment: UNDER IN THE MATTER OF APPLICANT RESPONDENT 3 May 2005 Minute Book: 180 NA 210 A20050005008 Section 19(1) of Te Ture Whenua Maori Act 1993 Mohaka A4 Block - Application for injunction Graham Leslie Ashcroft Bessie Alice Elers Phillips Mr Adrian Coleman, counsel for Graham Leslie Ashcroft Mr Bob Wall is, counsel for Bessie Alice Elers Phillips 30 May 2005 DECISION OF DEPUTY CHIEF JUDGE W W ISAAC Application...

10. Erlbeck - Tikitiki D9 Incorporation (2007) 171 Gisborne MB 55 (171 GIS 55) [pdf, 260 KB]

    171 Gisborne MB 55 IN THE MAORI LAND COURT OF NEW ZEALAND TAIRA WHITI DISTRICT A20050016846 UNDER Section 269(4), Te Ture Whenua Maori Act 1993 Hearing: Judgment: IN THE MATTER OF Tikitiki D9 Incorporation 14 February 2006 6 December 2006 (Heard at Gisborne) 24 April 2007 HANAERLBECK &IRITANA TAWHIWHIRANGI Applicants DECISION OF DEPUTY CHIEF JUDGE W W ISAAC Introduction (l] This is an application by Hana Erlbeck & Iritana Tawhiwhirangi pursuant to section...