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1. R v D LCRO 56 / 2009 (19 June 2009) - Penalty and Costs [pdf, 53 KB]

   ...not be done on the papers then for a hearing. 2 [3] I took this to be an application for a rehearing and informed the parties accordingly. The review applicant was also sent a copy of Mr XX’s letter and invited to respond. A copy of his response was subsequently sent to Mr XX and the practitioner. I considered the application on the information that had been provided by both parties. A decision was issued on 10 August 2009 that informed the parties the application was decl...

2. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...assignment of the claim the council seeks to recover all or part of the amount paid in settlement and the balance of the claim for the claimants. [25] The first and second respondents, collectively referred to here as the builders, accepted responsibility for the building. [26] The builders referred to matters for which they relied on Mr Knol. They were: a) Mr Knol, a specialist applicator, applied the finishing plaster but did not apply the required paint which was to act...

3. TL v NM LCRO 34 / 2012 (18 January 2013) [pdf, 77 KB]

   ...NM complained that TL had released “some documents” to CCD (and it appears to be accepted that this was only the Agreement). NM stated that CCD had sought copies from him, but he refused, and that he was in dispute with the agent. [7] In response to the complaint TL stated (in letters of 16 June and 19 September 2011) that the agent had prepared the Agreement and therefore as between the agent and NM the Agreement was not confidential, that the agent would have been able to ob...

4. BORA Judicial Matters Bill [pdf, 309 KB]

   ...immunity from suit as Court of Appeal and High Court Judges. • Provide for the Attorney-General, with the agreement of the relevant Chief or Principal Judge, to allow Judges to sit on a part-time basis. • Provide that the Attorney-General will be responsible for advising the Governor-General on the appointment of Environment Court Judges and Environment Commissioners. The Attorney-General will then be responsible for advising the Governor-General on the appointment of all Judges ex...

5. [2018] NZEnvC 003 Auckland Council v London Pacific Family Trust [pdf, 281 KB]

   ...decision or court Minute. [2] The Council subsequently informed the court and parties that it has withdrawn the Practice Note that the Interim Decision found to be invalid. 4 The Council also signalled that, early in the New Year, it would file a response to the observations made at [80] and [81] of the Interim Decision concerning the matter raised by counsel for the Government 2 3 4 Auckland Council v Trustees of London Pacific Trust [2017] NZEnvC 209 ('interim Decision&...

6. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Change of Venue) [2014] NZHRRT 25 [pdf, 49 KB]

   ...Wellington. The Tribunal, however, does not sit in Wellington as a matter of course. Its practice is to allocate a venue agreed on by the parties or if there is no agreement, at a venue determined by the interests of justice and by the Tribunal’s responsibilities under ss 104(1) and 105(2) of the Human Rights Act 1993. [14] In the present case, from the outset the SSGT, through Mr Garrett, consented to the proceedings being heard in Auckland. The first Minute issued on 10 April 2013...

7. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...was working for the industry, and working for the opposition lawyer, and specifically not working in the best interests of his client, i.e. the Applicant. 2 [4] The Standards Committee considered the complaint and the Practitioner’s response. The Committee declined to uphold the complaint, having found that they were unsubstantiated. The Committee noted that two of the papers that the Applicant had requested had been located on the file, and had been forwarded to the Appl...

8. Fa'asavala v Letalu [2014] NZIACDT 91 (17 September 2014) [pdf, 174 KB]

   ...related prosecution. [22] The Registrar has elected not to apply for costs of investigation or representation. Given Mr Letalu’s claimed inability to meet any order, the approach is not surprising. [23] Mr Letalu has generally resisted admitting responsibility for the complaints and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such any order. [24...

9. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...AFT’s application to access the file in question was at my direction referred to counsel for the parties likely to be affected so that submissions could be made as to their respective positions in respect of AFT’s application. I directed that a response was to be forwarded to the Court within 14 days and the responses have now been received. [7] Counsel for the defendant in the proceedings to which the file relates correctly points out that, as stated earlier in this decision,...

10. Wall v Fairfax New Zealand Ltd (Costs) [2017] NZHRRT 28 [pdf, 216 KB]

    ...Rights, 1966 (ICCPR). It is wrong in principle that contest between private parties over the meaning of legislation domesticating international obligations carries an expectation that the losing party will bear the costs of the successful party. Responsibility for “respecting and ensuring” the ICCPR rights is a State obligation (Article 2(1)), as is the responsibility to enact domestic legislation which is both clear and without ambiguity. [9] There is also the principle of acces...