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1. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...and its exercise of discretion as to whether the complaint process should continue. 23 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 16 Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [68] More recently, the High Court has described a review by this Office in the following way:24 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determina...

2. BORA Families Package (Income Tax and Benefits) Bill [pdf, 211 KB]

   ...together, the Bill enacts a policy package to address complex social and economic issues. The Bill targets assistance based on an assessment of levels of poverty and relative disadvantage, which may differ over time depending on “overall political judgment”.4 4 Child Poverty Action Group Inc v Attorney-General [2013] NZCA 402, [2013] 3 NZLR 729 at [149]. 29. For the reasons outlined above, and having regard to the degree of defere...

3. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...with reasonable care and skill, and that the building work will comply with all laws and legal requirements. If the contract states the particular purpose for which the building work is required, so as to show that the owner relies on the skill and judgement of the other party to the contract, the building work must be reasonably fit for that purpose. 6. Section 40 of the Building Act provides that a person must not carry out any building work except in accordance with a building consent...

4. Cooper v Wellington City Council [pdf, 237 KB]

   CLAIM NO: 2171 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN AVIS COOPER Claimant AND WELLINGTON CITY COUNCIL First Respondent AND R & I KENNEDY LIMITED Second Respondent AND R TE ONE ASSOCIATES LIMITED Third Respondent AND No Fourth Respondent Master Build Services Limited having been struck out AND TREVOR GASKIN Fifth Respondent AND No Sixth Respondent CSR Building

5. [2010] NZEmpC 17 Secretary for Justice v Dodd [pdf, 17 KB]

   ...BETWEEN SECRETARY FOR JUSTICE Plaintiff AND CATHERINE ANNE DODD Defendant Hearing: 5 March 2010 (by telephone conference call) Appearances: Alastair Sherriff and Brigette Shone, Counsel for Plaintiff Susan Hughes QC, Counsel for Defendant Judgment: 5 March 2010 INTERLOCUTORY JUDGMENT NO 2 OF CHIEF JUDGE GL COLGAN [1] The plaintiff challenges the admissibility of the intended evidence of four of the defendant’s five witnesses at next week’s challenge by he...

6. [2014] NZEmpC 24 Bali v SRG No 2 costs [pdf, 54 KB]

   ...January 2014, memorandum in reply from the plaintiff on 30 January 2014 and further memoranda filed by the plaintiff on 12 February 2014 Representatives: Mr S Bali in person, supported by Mr V Koli Mr M Kyne, advocate for defendants Judgment: 14 February 2014 COSTS JUDGMENT NO 2 OF JUDGE M E PERKINS [1] Following my earlier judgment on costs dated 5 February 2014, Mr Bali has now filed a memorandum in answer to the application for costs, which has bee...

7. [2025] NZEmpC 178 Lopez v Kariki Pharma Ltd (in liq)(no 2) [pdf, 148 KB]

   ...LIMITED (IN LIQUIDATION) Second Defendant Hearing: On the papers Appearances: E Butcher and T Preston, counsel for Ms López S Langton and RL White, counsel for Ms Seton and Mr Seton No appearance for Kāriki Pharma Ltd Judgment: 18 August 2025 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE KATHRYN BECK (Application to participate at a hearing via audio-visual link) [1] These proceedings are scheduled to be heard on 27–29 August 2025. [2] On 1...

8. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   ...davidbain.counterspin.co.nz and www.scoop.co.nz. - 4 - 13. For guidance on particular points of New Zealand law I consulted with Professor Paul Rishworth of the Faculty of Law at the University of Auckland. 14. I have, of course, been attentive to the several judgments of the Court of Appeal and the 2007 Privy Council. In addition, I reviewed a number of reports from the Ministry of Justice, the Joint Report of the Police/Police Complaints Authority (1997), a report from Si...

9. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   ...davidbain.counterspin.co.nz and www.scoop.co.nz. 13. For guidance on particular points of New Zealand law I consulted with Professor Paul Rishworth of the Faculty of Law at the University of Auckland. 14. I have, of course, been attentive to the several judgments of the Court of Appeal and the 2007 Privy Council. In addition, I reviewed a number of reports from the Ministry of Justice, the Joint Report of the Police/Police Complaints Authority (1997), a report from Sir Thomas Tho...

10. Raumati - Urenui Pā (Lot 2 of Part Subdivision 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) [pdf, 272 KB]

    ...UNDER Section 338(1)(a) of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Urenui Pā (Lot 2 of Part Subdivision 3 of Section 24 Block IV Waitara Survey District) JOHNSON RAUMATI Applicant Hearing: On the papers Judgment: 28 August 2017 INTERIM JUDGMENT OF JUDGE L R HARVEY Introduction [1] Johnson Raumati seeks an order to amend the gazette notice setting apart Urenui Pā as a Māori Reservation, dated 15 December 1932, to correctly reflect the...