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1. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...reasons were: (i) Lack of confidence in the prospect of being able to recover. (ii) A desire to avoid being embroiled in further disputes with Mrs SD. (iii) A practical decision to ‘cut their losses’; rather than expend further time and resources pursuing the outstanding fees. [41] The E’s decision not to pursue the fees is of course a matter for them. I do record however that I had formed the view that the reasons advanced by the Es for adopting what, on its face, pres...

2. Baigent v ACC [2014] NZACA 18 [pdf, 58 KB]

   ...where, “for any ... reason”, there is a question which ought to be submitted to the High Court, including by reason of its general or public importance. [38] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course; O’Neill at [25]. [39] Such an applicant seeks an indulgence, so the onus rests on him or her to 9 satisfy the Authority that, in all the circumstances, t...

3. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...can be summarised as follows: (a) The issue is one of interpretation of the trust deed, not a statute and therefore the Interpretation Act 1999 does not assist; (b) Judge Coxhead was correct to find that the lands were held on trust as a tribal resource. This was consistent with the nature of the whenua topu trust which is a trust for community purposes rather than for individual purposes; (c) It was common ground that other hapū could not have a beneficial interest as hapū...

4. BF v CV LCRO 271 / 2012 (6 September 2013) [pdf, 130 KB]

   ...to provide the necessary advice that was indicted by the circumstances of his client. Mr BF and his family were understandably deeply concerned about their father and how his future care was to be managed, including consideration of financial resources. [34] I have also considered submissions made by Ms BH, who is a trustee of the Family Trust, and related to the family. Ms BH was authorised to respond for Mr BF after his return [overseas]. She submitted that the Practitioner...

5. Youth Court - 10 ideas that might “cross-pollinate” from the Youth Court into the adult District Court [pdf, 301 KB]

   ...lay advocates. Challenge To consider more use of a diversionary approach instead of court charging for adult offenders (and in particular 17-20 year olds), as a means of addressing issues in an effective way and better utilising court time and resources. government and community personnel engaged in the process. All of these participants can also interact easily with one another, which also encourages a collaborative approach to each case. Where necessary, a dock can be p...

6. [2017] NZEmpC 159 Stormont v Peddle Thorp Aitken Ltd [pdf, 328 KB]

   ...The Court of Appeal’s judgment in Bluestar Print Group is generally regarded as the leading authority on the impact of settlement offers in this jurisdiction. There the Court observed that:11 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in...

7. Maori Trustee Gisborne - Whangara A7B (2008) 180 Gisborne MB 199 (180 GIS 199) [pdf, 385 KB]

   ...his position. The Maori Trustee filed and paid for the application, he is entitled to have it heard and the Court can not compel the production of information sought by Mr Hawkins as he has no standing. The Maori Trustee has expended much time and resources on these requests from Mr Hawkins and as a result its rights have been prejudiced. Thus the right of the Office to natural justice was denied by not receiving formal notice by way of service, notice or application. 4. Mr Hippolite di...

8. 2017 NZSSAA 064 (9 November 2017) [pdf, 244 KB]

   ...it is clear this case does not raise complex issues relating to entitlement. Usually people submit a form, which they complete having little knowledge of the potentially complex subject matter, and the Chief 10 Executive has limited resources to investigate and scrutinise the information provided. We are satisfied that the application form completed by and on behalf of the Appellant and his wife is satisfactory [37] In our view, because we are satisfied that the informa...

9. KV v LA LCRO 44/2015 (13 December 2016) [pdf, 122 KB]

   ...With respect to Mr LA’s fees, the Committee’s decision is confirmed. 10 Service [53] The general thrust of Mr KV’s complaint is that if he had known before he commenced the appeal what he knows now, he would not have committed his resources to a fight he did not win. He criticises Mr LA’s advice as incomplete and self- serving. He alleges Mr LA did not do enough to ensure he understood the implications of his instructions at the start, did not keep him informed as...

10. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

    ...outlining the factual background to the claim as asserted by the HNs. Background [5] At the time in question, an entity called “LV Employment Law Specialists” (LV) had a website advertising itself as “LV Employment Law Specialists and Human Resource practice”. The self-description included the statement that “As professional Employment Law Specialists (not lawyers) we represent a wide range of client issues”. [6] Mr FT’s name was at the foot of the page followed by...