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1. [2019] NZEmpC 44 Clarke v GEA Processing Engineering Ltd [pdf, 245 KB]

   ...brought and defended the proceeding, and whether steps taken in it were reasonable. For example, a governmental or third party decision may have intervened, rendering the proceeding redundant. But this is merely to recognise that the interests of justice occasionally may require that such matters be taken into account. It is not to invite a general inquiry into the reasonableness of the parties’ conduct. [23] Third, and consistent with what we have just said, a plaintiff may no...

2. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 16 LCDT 020/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE No. 2 Applicant AND DEBBIE LAURA PAULSON WILSON Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms K King Ms S Sage Ms S Stuart Ms P Walker HEARING HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF HEARING 27 April...

3. Newton v Ashmore - Te Huruhi 12B (2022) 241 Waikato Maniapoto MB 178 (241 WMN 178) [pdf, 253 KB]

   ...trustees) requested that the beneficial owners of the Trust be provided with an opportunity to consider and discuss the easement. Judicial conferences were held on 18 May 2022, 16 June 2022 and 26 July 2022 to discuss this matter (among other residual matters arising out of my 22 December 2021 decision).2 To bring this matter to a head, I called for submissions from the parties by 14 July 2022 on whether the beneficial owners are required to be provided with an opportunity to cons...

4. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...Practitioner’s refusal to refund any part of the fee that had been paid by the Applicants when the Practitioner represented them in relation to certain criminal charges. [3] The Applicants had paid the Practitioner the agreed sum of $10,000. Matters did not eventuate as originally planned or envisaged and the Applicants then briefed another lawyer, and sought a refund of part of the payment made to the Practitioner. Background [4] The Applicants are a mother and daughter who...

5. [2017] NZEmpC 165 Roach v Nazareth Care [pdf, 320 KB]

   STEPHEN ROACH v NAZARETH CARE CHARITABLE TRUST BOARD NZEmpC CHRISTCHURCH [2017] NZEmpC 165 [21 December 2017] IN THE EMPLOYMENT COURT CHRISTCHURCH [2017] NZEmpC 165 EMPC 169/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN STEPHEN ROACH Plaintiff AND NAZARETH CARE CHARITABLE TRUST BOARD Defendant Hearing: 13 November 2017 Appearances: J Goldstein, counsel for the plaintiff...

6. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 27 READT 021/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHAEL HENRY HARVEY Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2001) First Respondent AND RICHARD LOWE and PETRONELLA LOWE Second Respondents Hearing: 9 April 2021, at Nelson (further submissions filed after the hearing) Tri...

7. 2023-07-28-WCO-Final-Report-Recommendation.pdf [pdf, 5 MB]

   ...particular party’s evidence on the science or tikanga, we have an overarching responsibility to ensure that the WCO we recommend is legally sound, effective and workable. [33] However, the Court has sought to abide the principles of natural justice. That has encompassed recognition and application of tikanga in the conduct of the inquiry, including in karakia at the commencement and closing of each sitting day and on-site visits. As we discuss shortly, it has included providin...

8. [2023] NZEnvC 157 Ngati Tama ki te Waipounamu Trust [pdf, 5 MB]

   ...particular party’s evidence on the science or tikanga, we have an overarching responsibility to ensure that the WCO we recommend is legally sound, effective and workable. [33] However, the Court has sought to abide the principles of natural justice. That has encompassed recognition and application of tikanga in the conduct of the inquiry, including in karakia at the commencement and closing of each sitting day and on-site visits. As we discuss shortly, it has included providin...

9. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...letter stated that the Prison Intelligence Unit wished to apologise for the delay in sending his mail and noted that, as Mr Wati was aware, his outgoing mail was screened for inappropriate content, such as threats or attempts to pervert the course of justice, and none had been found. [15] On 18 August 2014, Detective Constable Tilbury applied for a production order. The order was issued the same day and was served on the prison. [16] Mr Wati’s mail was thereafter forwarded to Detec...

10. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

    ...the email had been despatched was a different computer to that which she normally used for work purpose; and (l) she was having problems with her eyesight at the time which may have contributed to the problem; and (m) accusations of perjury are matters to be dealt with by the Court; and (n) Mr UY had filed applications with the court alleging (in respect to her client) contempt of court, perjury, making false oaths and had sought directions from the court that her client be referr...