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1. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...Walker [1963J NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995J ALLER 48,57. [25J Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above." Appeal Authority's decision [5] Corporation...

2. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...on review. The comments made by the Chief Judge are clear and there is no reason why those should not have been accepted as a definitive decision on the allegations. However, Ms HA has now caused Ms TY to incur further costs and expended the resources of the complaints and disciplinary process in continuing to pursue this matter. Decision [33] For the reasons set out above, the determination of the Standards Committee is confirmed pursuant to s 211(1)(a) of the Lawyers and Con...

3. LCRO 111/2017 VJ v NH (31 August 2017) [pdf, 93 KB]

   ...[15] If Mr NH had been filing false tax returns, that would not be a matter over which this Office would exercise jurisdiction in the first instance. As Ms VJ reasonably acknowledged, Committees, and this Office, lack the jurisdiction and the resources to address complaints of this type. [16] Ms VJ’s frustration over what she sees as Mr NH’s unwillingness to contribute financially to the fullest extent possible is evident in her application for review. She does not believe...

4. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...attention by the company’s “new receptionist”. [11] The Authority Member concluded her report: [18] [Goldstone] did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of [Mr Edmond] and the Authority were wasted as a result of the conduct of [Goldstone] noted in the Appendix to this report. Parties’ comments to Court [12] A copy of the good faith report was provided to the parties, who were of...

5. MLC - 2014 September - Speech to the Federation of Māori Authorities national conference [pdf, 444 KB]

   ...them that settlement of our historic Treaty grievances is now in sight. In the post- settlement era, for the next phase of our development, commercial and particularly environmental lawyers are what we need. Māori engagement with environmental and resource management issues is going to be huge in the next 10 to 20 years. We will need lawyers who can combine knowledge of te reo me ona tikanga, and the Treaty, with the practice of environmental law. After 15 or so years as a corporate lawy...

6. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...significant impediments to recovering any payment that may have been made and, in this case, those matters would be compounded by concerns about Mr Sharma’s ability to pay given his outstanding loan. There is no evidence Mr Sharma has the financial resources from which he could repay the plaintiffs, if required to do so, and the existence of his unpaid loan suggests he would not be able to do so. [19] Mr Sharma’s interests, at least partly, will be addressed by ensuring that...

7. [2016] NZSSAA 039 (16 May 2016) [pdf, 35 KB]

   ...immediate need for an essential item or service. This includes the effect on the beneficiary if the need is not met, when that effect is likely to have an impact on the beneficiary, and the beneficiary’s ability to meet the need from his or her own resources. [15] Clause 5 of the Direction provides that every advance is to be recovered from the beneficiary at a rate that will ensure that the advance is repaid within 24 months after making the advance. In addition, there are limits...

8. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...notes that clause (e) of condition 33 offers one single mitigation method when there may be others Page 5 of5 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY IN THE MATTER BETWEEN AND ENV-2016-CHC-47 of an appeal under Section 120 Resource Management Act 1991 BLUESKIN ENERGY LIMITED Appellant DUNEDIN CITY COUNCIL Respondent STATEMENT OF AGREED FACTS - AVIFAUNA GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solicitor to contact: B Irving...

9. Wipaki v Apatu - Awarua o Hinemanu Trust (2016) 56 Takitimu MB 54 (56 TKT 54) [pdf, 187 KB]

   ...force in the argument that where there is such commonality of ownership a single governance body is likely to be a more efficient means of managing the land. Economies of scale for example will mean that there can be greater coordination of trust resources for the benefit of the owners and the more efficient use of administrative support. For planning and general meeting purposes, bringing together both blocks of land under one common set of trustees also makes practical sense....

10. Consultation paper enabling on site audits [pdf, 481 KB]

    ...to provide us with a range of closed files. 18. In some instances on-site audits could be conducted at the same site on more than 1 provider, for example at larger firms. This is a more cost-effective option and may allow us to use our auditing resources in a more efficient manner, notwithstanding that the regulatory framework requires a separate audit for each provider. 19. The proposed changes remove the current inference that on-site audits are solely associated with serious qualit...