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1. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

   ...a duty to ensure that all building work required pursuant to the building consent was exercised with proper care and skill. It is claimed that this duty extended until the CCC was issued. It is the Kwaks’ position that in addition to being responsible for the physical building work, Mr Park was also responsible, as developer, for the certification work carried out by Ms McLaughlan. The Kwaks rely on Osborne v City Council6 where it was held that “building work” under the Bu...

2. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...there was a more than a negligible risk that he may not be able to discharge his professional obligations owed to one or more of them, Mr TM had contravened r 6.1. [16] In arriving at that position, the Committee stated that it was Mr TM’s “responsibility to ensure he could protect and promote the interests of his clients to the exclusion of third parties” (r 6).3 As directors and shareholders of the company, each of Mr SD and Mr RN “were personally interested in the trans...

3. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...above n 1, at [7] – [8]. 4 At [9]. 5 At [10]. 6 At [10] – [12]. 7 At [13]. 8 At [13] and [14]. [14] On 3 July 2014, Mr McLennan wrote to Ms Mackay. He summarised the complaints brought against her and invited a response, which was provided in a long email of 16 July 2014. In it she denied the allegations which had been made against her. Although the possibility of mediation was raised by Mr McLennan, Ms Mackay made no comment as to this possibili...

4. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

   ...this provision are in a weaker position, as there is no general right in law that would allow for a rent reduction. The Government has encouraged commercial tenants and landlords to work together to reach a fair agreement on the payment of rent in response to COVID-19. However, some parties appear to be unwilling to renegotiate fair payment terms. This could lead to more businesses becoming insolvent, worsening the impact of COVID-19 on the New Zealand economy. 4 To address this, I have...

5. O'Hagan v Police [2020] NZHRRT 22 [pdf, 827 KB]

   ...ground also has no application. [65] We therefore address the remaining ground of injury to feelings. [66] Mr O’Hagan has claimed to have been shocked when he discovered the content of the information provided by the Police. But an agency is not responsible for the reaction of the requester to the information provided under IPP 6. Mr O’Hagan conceded as much when he said in his closing submissions that his shock was the result of his ex-wife’s behaviour, not that of the Police....

6. LCRO 68/2021 BU - Application for review of a prosecutorial decision (30 July 2021) [pdf, 190 KB]

   ...it described as Mrs OE’s residual complaint, being her complaint that Mr BU had retained estate funds. [15] On 24 August 2020, 31 August 2020 and 7 September 2020, the Complaints Service forwarded follow up correspondence to Mr BU, seeking a response to Mrs OE’s complaint. 3 [16] In a response to the Committee of 7 September 2020, Mr BU stated that he had resolved matters arising from the first complaint. It was his view that the Complaints Service had then encouraged M...

7. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...days late and therefore not in accordance with the directions I had issued. No leave was sought to file late. [23] The application seeks a review of the Pukahakaha East 5B Trust. The application seeks a review of; (a) the actions of particular responsible trustees, (b) the obligations of responsible trustees and whether they have been breached. (c) the purported financial management of the trust assets particularly in relation to land purchased by the Pukahakaha Trust. [24]...

8. Review of the Foreshore and Seabed Act 2004 Outstanding Policy Matters [pdf, 256 KB]

   ...title or interest in land that has been reclaimed or is proposed to be reclaimed, in the foreshore and seabed to an applicant after determining an appropriate price (if any) to be paid by the applicant. 1 Retain the status quo i.e. ability for responsible Minister to charge applicant for the right to occupy reclamations in the foreshore and seabed. OR 2 Not allow for responsible Minister to charge in respect of reclamations. Option 1 is appropriate, as a person (applying fo...

9. LCRO 198/2020 CO and EA v LT (29 August 2023) [pdf, 673 KB]

   ...provided by Mr CO with his complaint as a Schedule to this decision. [6] It is important to include here details of some of the correspondence between Mr LT and his clients towards the end of the matter: EA to LT – 17 April 2019 (11:20 am) (in response to email from Mr LT enclosing the letter from the Vendor’s solicitor waiving the condition as to title): What exactly does this mean? That titles will not be issued by 20 June? Do you have any idea why it is taking so long?...

10. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

    ...occasions, it has been suggested that a report ought to have been made when one was not. The New Zealand Government regards differences of opinion on the exercise of the power in particular cases as inevitable and a sign of healthy debate. 24. The responsibilities of the Attorney-General under section 7 of the Bill of Rights Act are supported by internal government processes designed to promote the consideration of human rights at the early stages of policy development. All submissions t...