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1. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...acceptable standard of practice (timely communication and timely fidelity to client instructions) in the interim. How long will the interim suspension endure? [10] The charges have been adjourned, probably to early March 2023. Unless the interests of justice require yet another adjournment, the period of risk to her clients is more than two months. Ms Holdaway has been slow to provide material to assist us on penalty. Despite having had competent lawyers acting for her since late Oc...

2. P Trust v IAG New Zealand Ltd [2020] CEIT-2019-0024 [pdf, 225 KB]

   ...experts (the ENZ panel). The Chair then makes the appointment under s 24(1)(f) of the Canterbury Earthquakes Insurance Tribunal Act 2019 (the Act). [4] The ENZ panel was set up for use in the Greater Christchurch Claims Resolution Service (GCCRS) matters, and comprises 15 Structural Engineers, and eight Geotechnical Engineers. Of these, 12 are listed as being available as facilitators. The ENZ website states that:1 The Panel was appointed by the Engineering New Zealand Board on t...

3. [2012] NZEmpC 41 Port of Tauranga Ltd v Rail and Maritime Transport Union Inc & Anor [pdf, 69 KB]

   PORT OF TAURANGA LIMITED V RAIL AND MARITIME TRANSPORT UNION INC NZEmpC AK [2012] NZEmpC 41 [6 March 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 41 ARC 19/12 IN THE MATTER OF interim injunction and injunction BETWEEN PORT OF TAURANGA LIMITED Plaintiff AND RAIL AND MARITIME TRANSPORT UNION INC First Defendant AND PHILIP SPANSWICK Second Defendant AND KELVEN MARTIN AND 29 OTHERS Third Defendant Hearing: Following a hearing by...

4. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...office. The Bill therefore creates an element of compulsion to provide the information set out in cl 9 of the Bill. 9. It is arguable whether the information required by cl 9 is truly expressive in nature. Much of the relevant information will be matters of fact rather than opinion or belief. Nevertheless, the scope of cl 9 is sufficiently broad that some information could contain an expressive element. For example, it requires information about the purpose and activities of trusts an...

5. BORA Trans-Tasman Proceedings Bill [pdf, 298 KB]

   ...onus on an accused person to prove lawful excuse and so limits the presumption of innocence affirmed by s 25(c) of the Bill of Rights Act. In the particular context of non-compliance with a court order, however, the availability of an excuse is a matter peculiarly within the knowledge of the person charged and the limit is therefore justifiable. 3.5 The extension by the Bill of the scope for the enforcement in New Zealand of subpoenas issued by Australian courts to include criminal m...

6. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

   ...graffiti. Further, as a significant proportion of tagging and other graffiti is carried out by people under 18 using paint spraycans, the age restriction is also clearly rationally connected to that objective. I also note the advice of the Ministry of Justice that the use of 18 as an age of eligibility is logistically straightforward, as it allows use of the age verification schemes, including "18+ cards", developed for alcohol and some gambling. 6. The principal question in res...

7. BL v DQ [2020] NZDT 1303 (12 November 2020) [pdf, 189 KB]

   ...BL, as it indicates that BL was visible as DQ reversed, either fully stopped, or coming to a stop. If BL’s car arrived late, it is more likely that BL should have seen DQ reversing, and waited for her. (f) Whilst I cannot be certain about the matter, the weight of evidence favours BL’s recollection that she was stationary. The placement and nature of the damage support this, showing a single impact point on the angle expected for the car as described, and showing that BL had not...

8. [2021] NZEmpC 213 Baylis v Chief Executive of the Porirua City Council [pdf, 191 KB]

   ...In opposing the application, the Porirua City Council submits that: (a) The length of the delay between 1 June 2021 and the filing of the challenge is significant and counts against leave being granted when considering the overall interests of justice. (b) The reasons given for failing to file the challenge within time do not justify leave being granted. (c) Ms Baylis’s history of delay counts against the exercise of the Court’s discretion to grant an extension of time fo...

9. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

10. LN v IQ Ltd [2024] NZDT 11 (25 February 2024) [pdf, 189 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...