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1. BI v OX [2021] NZDT 1543 (17 September 2021) [pdf, 325 KB]

   ...in the circumstances. [7] BI says OX’s response was simply an unqualified statement confirming that the car did not overheat. He could not see that it would be read any other way. [8] OX says that the context was important where it was a private sale and he was not a mechanic or a car salesman providing an expert opinion. He explained had only owned the car for a month. He also says his response should be understood more narrowly in the context as meaning “he had no experien...

2. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision 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 p...

3. OIA-124051.pdf [pdf, 849 KB]

   ...340.00 hrs Name suppression appeal 24.00 hrs Sentencing preparation 45.00 hrs Name suppression application 8.00 hrs Disbursements $ Dollars Social media analysis $9,953.75 Printing of disclosure $1,850.00 Hard drive $112.17 Printing $1,550.00 Private investigator $10,735.40 Forensic toxicologist $15,300.00 Report – Psychiatric/Psychiatrist $9,375.00 Travel personal car $88.00 Released under th e Offic ial In formation Act 1 982 *Hours are paid at lawyer’s applicable hour...

4. Family Legal Advice Service operational policy version 1.4 [pdf, 479 KB]

   ...may make. The specified tasks of Family Legal Advice Service providers are consistent with these obligations. If the case proceeds to court, clients may choose to have their Family Legal Advice Service provider continue to act for them, either privately or under legal aid, if eligible, but are not required to. Providers should be alert to the need for some clients to proceed straight to court with a Without Notice application and should direct them appropriately as soon as possible, fo...

5. E10 Joe Phillips Traffic and Transportation EIC Applicant [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF JOSEPH ADAM PHILL

6. Deeming v Whangarei District Council (Discovery) [2015] NZHRRT 37 [pdf, 72 KB]

   ...which some of the councillors, staff of the WDC and third parties discussed the events in relation to which Mr Deeming lodged his complaint as well as the complaint itself. [4.2] Evidence of the “process” said to have been followed by the WDC in investigating a complaint by Mr Deeming under the WDC Code of Conduct. [5] The WDC in turn seeks: [5.1] All correspondence between Mr Deeming and the Northland Rugby Union about the incident; and [5.2] All correspondence between Mr Deemi...

7. TB v NX LCRO 80 / 2011 (13 December 2012) [pdf, 134 KB]

   ...case, for which he considered Mr NX had done “next to nothing”. He advised that Mr NX did not have any staff available to conduct this preparation and in the end that Mr TB himself had done a lot of the work. He advised that he also engaged a private investigator and the services of another law firm to provide resource management expertise which Mr NX did not have. [12] He then says that the second invoice was for the actual trial which was set down for two weeks but in the...

8. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...[22] The Tribunal notes that s 110(4) merely refers to the Tribunal’s powers to make orders under s 93(1). Under s 93(1)(g) the Tribunal can order a licensee to pay the Complainant any costs or expenses incurred in respect of the inquiry, investigation or hearing. The Tribunal do not consider that these legal fees directly arise out of the inquiry, investigation and hearing. Rather they are the consequences of the agent’s actions and the sale process itself. [23] In the alte...

9. LCDT - 2018 annual report [pdf, 572 KB]

   ...client), it would seem axiomatic that there is a problem with the complaints process in this sensitive area. The Tribunal is unaware if any complaints have been considered at a lower level, because Standards Committee proceedings are normally private. It is commendable that the New Zealand Law Society moved so quickly to appoint a working group to investigate this area of concern. We note that the report back to the New Zealand Law Society proposes significant changes to the co...

10. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

    ...developer to ascertain whether there was sufficient interest for the development to be financially viable. In late 2014, the Licensee obtained a sole listing agreement from the developer. The developer also retained the right to sell the apartments privately. 3.8 In December 2014, amendments were made to the carparks. 3.9 The property information at the time stated that the properties would have smart wiring and open carports. The marketing at the time (2014) stated that the Pr...