Search Results

1. Glavish v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 80 (12 May 2025) [pdf, 149 KB]

   ...he had filed the appeal within days of receiving the review decision but failed to do so. [14] This Court is satisfied that Mr Glavish’s delay arose out of error or inadvertence on the part of his representative, for which Mr Glavish is not responsible. (c) The conduct of the parties [15] The Supreme Court observed that a history of non-cooperation and/or delay by an applicant might be relevant. [16] This Court is not aware of any history of non-cooperation and/or delay by...

2. ZP v EX [2024] NZDT 858 (10 December 2024) [pdf, 183 KB]

   ...purchase and return to ZP’s, ZP’s farrier identified that D was lame. D recently had cellulitis. At the first ride by ZP’s daughter, at a canter, D started bucking. Under lunge and cantering, D would buck. Videos of this were shared with EX and her response was, “was he taking the mickey”, and suggested ZP use a stronger rider; and D was not deterred by a hot tape fence. Other video footage of D in his paddock provided by ZP and suggested by EX as him being silly at feeding time...

3. Speeches & papers by members of the Environment Court

   ...Judge Hassan & Judge Kirkpatrick Advances in ADR Techniques in the New Zealand Environment Court - Paper by Principal Environment Judge Laurie Newhook to the Australasian Conference of Planning and Environmental Courts and Tribunals (ACPECT 2016) Responsiveness to Resource Management Issues- a New Zealand perspective -  Paper by Commissioner Kathryn Edmonds to the Australasian Conference of Planning and Environmental Courts and Tribunals (ACPECT 2016)OUTstanding landscapes: Is the RMA...

   Located in:

   1. Environment Court >
   2. Decisions & publications

4. DE & Ors v UX [2025] NZDT 113 (27 March 2025) [pdf, 185 KB]

   ...dispute about it would be resolved by the Tenancy Tribunal. UX was added to this lease when he moved into the flat and the outgoing tenant was removed. 9. However, there was also an oral agreement between the parties between themselves that they had responsibilities to each other as flatmates. This agreement is also a legally binding agreement. 10. The applicants said there was no specific discussion about someone’s obligations to keep paying rent if they moved out of the proper...

5. National Standards Committee 1 v Grey [2025] NZLCDT 13 (11 March 2025) [pdf, 119 KB]

   ...disciplined for her errors is relevant, as is the fact that the family’s names and that of the child were already in the public domain and that there had been a photograph of the family in the New Zealand Herald, for example. [13] Ms Grey has taken responsibility and apologised to the profession for any damage to its reputation by her actions. She is clear that she understands and respects the nature of suppression orders. [14] We also take account of the fact that this is a...

6. [2025] NZACC 082 - Dovey v Accident Compensation Corporation (13 May 2025) [pdf, 146 KB]

   ...general principle of finality. It is available only where a substantial miscarriage of justice would result if fundamental error in procedure is not corrected and where there is no alternative effective remedy reasonably available. Without such response, public confidence in the administration of justice would be undermined. [6] In Unison Networks Ltd,6 France J, for the Court of Appeal stated: [34] We conclude by observing that the Court’s reasons and the issues it chooses to...

7. Otago Standards Committee v Kelly [2016] NZLCDT 20 [pdf, 87 KB]

   ...to provide a GST return. [6] On conviction, each of the above described offences carries a maximum penalty of five years imprisonment. [7] Until April 2015, Ms Kelly was in contact with the Otago Standards Committee and indeed provided a full response to the own motion investigation in which she 1 Lawyers and Conveyancers Act 2006. 3 indicated she would be defending the criminal charges. She conceded that should they be estab...

8. Canterbury Westland Standards Committee 2 v Carmichael [2017] NZLCDT 28 [pdf, 225 KB]

   ...practise law is hard won and is a privilege. Lawyers in New Zealand are particularly privileged in that they are in a unique position of being able to change the Land Title register subject to compliance with strict criteria. That compliance is a responsibility that in this case you entirely abdicated. In the words of your own counsel, it was the blatant forgery of a sacred document. You allowed your circumstance both personal and professional to overwhelm you. You did not see...

9. Individual compensation claims

   ...and report of Justice Binnie, Hon Robert Fisher QC and Hon Ian Callinan AC QC: Justice Binnie's Report Justice Binnie's amended report Justice Binnie's further amended report Appendices Table of Contents Appendices A through E Appendices F through J Response from Justice Binnie Report of Robert Fisher QC Cabinet paper on next steps on David Bain’s claim The Hon Ian Callinan AC’s Report [PDF, 36.63MB] - large file The Hon Ian Callinan AC’s Supplementary Report Schedule 1 to The Hon Ian Cal...

   Located in:

   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. Miscarriages of justice

10. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 34 [pdf, 178 KB]

    ...months and that he be censured. The following submissions are made in support of that contention. (a) The number of breaches of the rules of conduct and client care by the respondent over a number of years. (b) The respondent’s disregard of his responsibilities to the complainant and failure to protect her interests. (c) The respondent’s failure to recognise the conflicts of interest he had in respect of the various parties and focussing on his duty to one party only. (d)...