Search Results

1. LCRO 168/2023 KM v ZT (30 April 2025) [pdf, 154 KB]

   ...overdue amounts, and has accepted them (either expressly or by continuing to instruct the firm) the firm may enforce that term. [52] A lawyer’s contractual obligations to a client arise from the specific terms agreed upon between them, governing matters such as the scope of services, fees and responsibilities under the retainer. These obligations are enforceable as a matter of contract law and focus on fulfilling the promises made to the client. [53] In contrast, a lawyer’s profe...

2. [2018] NZEmpC 74 Pitman v Advanced Personnel Services Ltd [pdf, 288 KB]

   ...stay of a determination.25 Mr Pitman applied for a stay of the execution of the determination, relying on Assured Financial Peace Ltd v Pais.26 In summary, an application for a stay involves exercising a broad discretion in the interests of justice, which is to be exercised judicially and in accordance with principle.27 In this exercise, the Court must weigh carefully the rights of a successful litigant to have the benefits of the judgment being challenged and preserving the pos...

3. [2020] NZEnvC 178 Shirtcliff v Timaru District Council.pdf [pdf, 279 KB]

   J L & R J SHIRTCLIFF v TIMARU DISTRICT COUNCIL BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2020] NZEnvC 178 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 358 of the Act BETWEEN JOHN LEONARD SHIRTCLIFF & ROSEMARY JEAN SHIRTCLIFF (ENV-2018-CHC-165) Appellants AND TIMARU DISTRICT COUNCIL Respondent Court: Environment Commissioner C J Wilkinson (Sitting alone...

4. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...various items of cultural and commercial redress, including the vesting of property and right of first refusal over the purchase of certain land, in settlement of historical claims. Other various associated rights in respect of culturally significant matters are provided to Ngāti Mākino by the Bill. These include making part of Lake Rotoma Scenic Reserve subject to a whenua rahui requiring it to be administered having regard to Ngāti Mākino values and protection principles agreed by...

5. [2020] NZEmpC 103 Ashby v NIWA Vessel Management Ltd [pdf, 173 KB]

   ...ELIZABETH ASHBY v NIWA VESSEL MANAGEMENT LIMITED [2020] NZEmpC 103 [13 July 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 103 EMPC 421/2019 IN THE MATTER OF an application for leave to extend time to file challenge to a determination of the Employment Relations Authority BETWEEN KIM ELIZABETH ASHBY Applicant AND NIWA VESSEL MANAGEMENT LIMITED Respond...

6. [2021] NZEmpC 204 Ling v Super Cuisine Group Ltd [pdf, 200 KB]

   ...[5] In such a case where the statutory timeframe has elapsed, the Court has the discretion to extend the time for filing.4 That discretion is exercised in accordance with established principles. The overarching consideration is the interests of justice.5 [6] The usual factors that will be considered are:6 (a) the reasons for the omission to bring the case within time; (b) the length of the delay; (c) any prejudice or hardship to any other person; (d) the effect on the rights a...

7. [2021] NZACC 158 – Nair v ACC (11 October 2021) [pdf, 150 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 158 ACR 142/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN PRAVEEN NAIR Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 11 October 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE D J CLA...

8. [2009] NZEmpC WC 1/09 Idea Services Ltd v Warren Collins [pdf, 11 KB]

   ...Christmas break meant that it was not aware of any delay in the Court receiving it until the 13 January 2009. [6] The delay is therefore both explicable and minimal. As the defendant is not contesting the challenge it is in the interests of justice that this extension be granted. [7] The application is allowed. Unless there is a pressing need for an oral hearing of the challenge it will be dealt with on the papers. The plaintiff is to file submissions within 21 days of this ju...

9. BORA Electoral (Administration) Amendment Bill (No 2) [pdf, 183 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissio...

10. BORA Local Electoral Amendment Bill [pdf, 183 KB]

    ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...