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1. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...professional standards. (f) Ms RP’s contact with Mr YM had been limited. Her information to the Police was in large part based on hearsay evidence. (g) Ms RP had minimal understanding of Mr YM’s involvement with Mrs EW, and was not able to responsibly comment on it. (h) Sources from whom Ms RP had gleaned information were not disinterested parties. (i) Elements of Ms RP’s statement were demonstrably untrue. [14] By way of remedy, Mr YM seeks compensation of $15,000, and for...

2. DH v EJ LCRO 207/2014 (13 April 2015) [pdf, 62 KB]

   ...difficult than provincially, for reasons that are slightly more complex than the large volume of cases to which the problem is often attributed. Because of the volume, there is also anonymity, meaning that one is unlikely to have to take personal responsibility for failure in the way that would occur in a smaller centre. This applies to both counsel and judicial behaviour. For example: • In the Auckland region, where an under-performing counsel is interacting with multiple prosecu...

3. BD v EG LCRO 107/2012 (26 Aug 2015) [pdf, 54 KB]

   ...admission was intended. [24] Second, there is no evidence of the Committee having followed the process set out in paragraph 10.11 of the NZLS LCS Practice Note. That section refers to fee complaints. The purpose is to identify the lawyer who is responsible for setting the fee. The section calls for committees to give careful consideration as to who is the subject of a costs complaint. Committees are directed to exercise caution in addressing the fees aspect of a complaint in rel...

4. Couper v Rangipunga - Parihaka X Trust (2008) 212 Aotea MB 38 (212 AOT 38) [pdf, 2.3 MB]

   ...mapping consultants of New Plymouth, and has consequently placed the trust at risk. For these reasons he says Mr Rangipunga must be removed as a trustee. [2) Mr Rangipunga denies the claims. He contends that the application for removal is in part a response to his continual questioning of the activities of the 212 Aotea MB 39 tlUstees. While he admits that the cost of the mapping services surprised him too, he argues that the benefits to the tlUSt will outweigh the costs. He als...

5. Family Court Rewrite Submission - Paul von Dadelszen QSO [pdf, 268 KB]

   ...attended. 19. Q14: The court should have the discretion to decline to hear an application in circumstances where it appears that attendance at PTS would be of assistance in either resolving the dispute or at least lessening the conflict. 20. In response to some criticism of the name of the programme – “Parenting Through Separation” – consideration might be given to re-naming it as, say, “Pathway Through Separation”. Family Dispute Resolution 21. I have already referr...

6. 2021-04-08- JWS - Planners - 8 April 2021 [pdf, 1.4 MB]

   ...(vi) to remove “period 1 July 2015 – 30 June 2020”, and replace with “water years (1 July to 30 June) for which water meter data is available”; and b. to substitute “as” for “and” in (iv) and (vi) as covered in paragraph [13] in response to question 2 of the agenda; and c. to make a consequential change to matter of control (a) to remove “in accordance with” and replace it with “within the limits of” to be consistent with a change to the matter of discretion (...

7. Brown v Christchurch City Council [pdf, 38 KB]

   ...there is ambiguity in meaning an aid to the interpretation of a clause is to cross- check the word(s) natural meaning(s) against the factual background. In the present case the warranty is to be read in the light of the fact that councils are responsible for oversight of domestic house construction in New Zealand and the clause is there to ensure that the subject property has been vetted and approved in accordance with council and building code requirements. 18. The Hamlin Rul...

8. [2021] NZEnvC 135 Caradoc-Davies v Clearwater [pdf, 213 KB]

   ...did not wish to leave the Applicant’s affidavit evidence unchallenged however despite seeking confirmation from Applicant prior to the hearing that matters could be confined to those relevant to the interpretation exercise, they received no response. [12] As stated above, this costs application was placed on hold until the conclusion of the proceedings overall.15 11 While the intituling for this application is incorrect, it is accepted that the application for costs relates...

9. Smith - Whakaki Lake Trust (2021)102 Tairawhiti MB 186 (102 TRW 186) [pdf, 281 KB]

   ...individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. (4) Subject to subsection (5), the court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. 102 Tairawhiti MB 191 (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trus...

10. 2023-03-02-Decision-on-Adjournment-of-First-Phase-Inquest.pdf [pdf, 181 KB]

    ...1 Additional Interested Parties were added as recently as last week. 2 Decision of Coroner Windley on the Scope of the Inquiry (28 April 2022). been deeply affected by the attack, including many of those who were involved in the emergency response in the aftermath of the attack. They also have an interest in ensuring their conduct on that day is fully understood and contextualised. As I have recorded numerous times, while each Interested Party may bring a different perspective to...