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1. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...with the statutory procedures. Even though there is agreement that the decision to publish must be quashed for want of compliance with regulation 30(1), I consider it relevant to the larger questions involving procedure to include some comment in response to the NZLS submissions, while recognising that these are not matters that are directly relevant to this review. Submissions Concerning Proposal for an Expeditious Procedure for Obtaining Board Approval [22] Early submissi...

2. JE v FQ LCRO 213/2012 (17 June 2015) [pdf, 85 KB]

   ...impairment may nevertheless have legal competency concerning their own welfare and affairs. There is a strong legal presumption of legal competency, unless there is contrary evidence. [24] That is not to suggest that lawyers entrusted with the responsibility to manage their client’s affairs in a competent and professional manner, do not have an obligation to exercise a considerable degree of care, if their client appears to have difficulty providing instructions or seems incapabl...

3. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...hours and was unable to understand or address the issues that she was raising due to pressures on him. Whilst this completely ignores the fact that Ms WL was a signatory also, and her role in the business was not discussed, Mrs RA cannot take responsibility for their lack of attention to the content of documents signed by them or to correspondence sent to them. [48] However, I consider there is some merit in Mr AO’ submission that it was incumbent upon Mrs RA to be absolutely c...

4. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...Restorative Justice and Peacemaking. Van Rensburg, J. (2012). The dawn of circles of support and accountability in New Zealand. Sexual Abuse in Australia and New Zealand, 4. Weatherburn, D. & Macadam, M. (2013). A review of restorative justice responses to offending. Evidence Base, 1. Wemmers, J. & Canuto, M. (2002). Victims’ Experiences with, Expectations and Perceptions of Restorative Justice: A Critical Review of the Literature. Ottawa: Department of Justice. RE...

5. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...the courier, since the receipt signature is alleged not to belong to anyone residing in Ms Mackenzie’s address. However, I am satisfied from the courier documents which have been produced as exhibits that the letter was delivered. [26] No response was received to the letter and accordingly HDA considered that Ms Mackenzie had abandoned her employment. A letter was sent to her on 27 June 2018 which she acknowledged receiving. This letter stated as follows: Dear Dipika, Yo...

6. Cowan - Estate of Hami Wharepouri Te Awa Waetford (2017) 371 Aotea MB 157 (371 AOT 157) [pdf, 333 KB]

   ...stood the matter down to enable the Registrar to work with the parties to record any agreement, and then adjourned to 2 Above n 1 at [14]. 371 Aotea MB 161 enable the parties to provide further responses to the proposals. The result of that process was that there was substantial but not unanimous agreement as to how to proceed. [4] After reviewing the law as it applied at the time of Hami Waetford’s death and the grant of a...

7. LCRO 141/2013 TM v DC (7 June 2017) [pdf, 220 KB]

   ...person who has experience in the business world, having owned and operated several businesses. It is understandable he relied heavily on Mr DC, as he had no one else to share and discuss matters with. That, however, only serves to highlight the responsibilities undertaken by Mr DC when acting for Mr TM and the reliance that Mr TM placed on his advice. If Mr DC had not lived up to these expectations Mr TM would quite justifiably complain that Mr DC had breached his duty to provide...

8. [2018] NZEnvC 248 Queenstown Airport Corporation Limited [pdf, 3.9 MB]

   ...Court decision or for the delay of nearly four months following the release of the Environment Court's decision on the application for rehearing, [22] QAC highlights the fact that the first indication that RPL might seek costs was given in response to QAC's application for costs on the rehearing proceeding , In opposing costs, RPL "foreshadowed" that it would "shortly be filing an application for costs", Even then, the application was not filed for a furt...

9. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...deficiencies in the Council’s planning framework and its resulting management of the region’s freshwater resources.6 7. The Minister for the Environment (Minister) made recommendations to the Otago Regional Council (Council, ORC) who in response (in part) initiated proposed Plan Change 7 – Water Permits (PC7) to the Regional Plan: Water for Otago (RPW). The Council also requested the Minister to call in PC7 to the Environment Court, a request the Minister accepted.7 8. As...

10. Te Maari v Hamon - Lot 5 Deposited Plan South Auckland 15580 [2021] Maori Appellate Court MB 10 (2021 APPEAL 10) [pdf, 272 KB]

    ...on marae related matters. The applicants disputed the requirement that they must reside in the district. [11] The Court instructed the Registrar to prepare a s 40 report, which was issued on 20 August 2019 and distributed to parties for their response. The report focused on the history of the marae and the 11 July 1972 Order in Council. It was recommended in the report that the trustees hold an independently chaired AGM in which the latest financial accounts could be presented and...