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1. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...application to be dealt with is for a stay of proceedings for an alleged abuse of process. The second one is for security for costs. Chronologically, the application for security for costs was first in time. As a result of information disclosed in response to that application the defendants then applied for a stay. [4] Before discussing the applications in more detail it is necessary to set out a brief description of the proceedings. A bare outline is sufficient to provide enough...

2. LCRO 105/2020 AG v BH & CI (19 February 2021) [pdf, 179 KB]

   ...he would, once the LCRO had received and perused the Standards Committee file, be happy to formally respond to any issues. [20] Mr BH advised that he fully supported the decision arrived at by the Standards Committee. [21] I did not require a response from Mr BH. Review on the papers [22] The parties have agreed to the review being dealt with on the papers. [23] Section 206(2) of the Act allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all in...

3. LCRO 12/2014 EE v Standards Committee (31 May 2018) [pdf, 259 KB]

   ...judgment was entered against the defaulting mortgagor. [21] By 1 April 2010, the fund was exhausted. Legal fees and charges had accounted for $8844.81, most of which had been deducted before 1 January 2008. The Standards Committee Inquiry, Mr EE’s response, and the Committee decision [22] The Committee’s inquiry was prompted by receipt of a report from a New Zealand Law Society Inspector, Mr LL. [23] That report raised concerns regarding Mr EE’s decision to deduct fees from...

4. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

   ...Those two gentlemen taught me a tremendous amount about tikanga Maori even before I went to school. I have been with the Waitangi Tribunal for two years as the Project Manager, ensuring that the necessary research is commissioned and that those responsible for preparing the research reports do so on time and within budget. In that capacity, I had the opportunity to work closely with, and learn from Buddy, and so, when he decided to resign, I was well placed to step into his position t...

5. [2021] NZREADT 15 - Feng (12 April 2021) [pdf, 282 KB]

   ...obtain a licence from the body corporate for the use of the second carpark. One of the conditions attached to the licence in regard to the second carpark is that it must be used by a unit owner and may not be leased out. 3 [6] The response of the appellant is that prior to the complainant purchasing the apartment, the complainant asked her about the carparking and that she: Explained to him how the carparking works in this complex. [7] Licensee one also gave evidence t...

6. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...9 Ibid, at [82]. 10 Ibid, at [83]. 11 Ibid, at [85]. 12 Ibid, at [86]. 13 Ibid, at [87]. 2020 Māori Appellate Court 129 Counsel has two months to file further evidence that supports the assertion that the amount paid was the responsibility of the trust and that the cost was fair and reasonable. To avoid doubt, if no such evidence is provided to our satisfaction then the orders of Judge Reeves for repayment on this issue will be affirmed. [10] We granted leave to f...

7. King - Rangitikei Manawatu Part B4 Lot 1 DP 4102 (Old Post Office) (2024) 480 Aotea MB 242 (2024 AOT 242) [pdf, 294 KB]

   ...attendance list filed with the minutes list 47 people in attendance at the AGM. Of the 47 in attendance a total of 35 voted on the motion approving participation of whāngai and descendants of whāngai in the 2023 trustee elections. On the basis of responses to questions I raised with a number of parties at the hearing, I am satisfied that there were no significant irregularities in the voting on this motion by reason of participation by those who were not direct descendants of Wire...

8. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2022] NZACC 218 [pdf, 215 KB]

   ...modulated with time. It is also only one part of the diagnostic regime and the assessment should be carried out by a respiratory physician with experience in the diagnosis of occupational asthma. Note also that toluene diisocyanate (TDI) has been held responsible for reactive airways dysfunction syndrome or RADS, in which case there will be no immune response. There is simply not enough data on the long-term pathophysiological consequence of TDI to refute the claim. Occupational...

9. Dovey v Accident Compensation Corporation (Claim for mental injury) [2025] NZACC 49 (25 March 2025) [pdf, 199 KB]

   ...the assault and did not report persistent intrusive symptoms. There was no indication of emotional distress or physical reactivity with exposure to reminders of the assault. It is unclear what specifically triggered his catastrophic depression response, but there is a clear temporal link between his injury and his severe decline in mood. Although a history of mild depression and health anxiety was reported prior to his injury there is no indication of previous suicidality or stress...

10. Crimes-Act-2025_Redacted.pdf [pdf, 591 KB]

    ...theft. 2 I N C O N F I D E N C E a5j9hdc3yg 2025-03-17 16:41:44 I N C O N F I D E N C E 15 While immunities may be available under other sections of the Crimes Act after the crime has been committed, these immunities only extend to criminal responsibility and so the person performing the arrest remains liable for potential civil proceedings (e.g., a tort action for false imprisonment or assault).3 The status quo is unclear to retailers and the public, contributing to the feelings...