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1. [2024] NZEnvC 164 Barbican Securities Ltd v Auckland Council [pdf, 162 KB]

   ...this is not a case in which there is any suggestion that factors justifying a higher than normal award of costs apply. The Court agrees with that position. [19] The Council does, however, seek to include Council officer costs in its overall claim for costs. Counsel outlines in submissions that the Court has taken different approaches over time as to whether employee time can be recovered by Councils. However, it submitted that in recent times the Court has been more accepting o...

2. [2024] NZEmpC 171 Lanigan v Fonterra Brands (New Zealand) Ltd (Interlocutory (No 3) [pdf, 196 KB]

   ...common law principles or international materials in pleadings, and neither is it necessary to refer to relevant tikanga principles. [10] The second issue raised by the defendant is that tikanga is not relevant to the present proceedings. The statement of claim refers to the defendant’s code of conduct which includes a commitment to manaakitanga and uses other te reo Māori phrases; however, those references alone would not necessitate a pūkenga being appointed.5 [11] But on t...

3. Crosswell v Auckland City Council [pdf, 92 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000107 BETWEEN GERARD MICHAEL CROSSWELL and CHRISTINE DAWN CROSSWELL as trustees of the CROSSWELL FAMILY TRUST Claimants AND AUCKLAND CITY COUNCIL First Respondent AND ROBERT MEDEMBLIK (Now Removed) Second Respondent AND GRANT MALONE Third Respondent AND ROSS SUTHERLAND (Now Removed) Fourth Respondent AND STEPHEN BASKETT and CRAIG BRACKEN (Now Removed) Fifth Respondents AND CARL RUFFLES Sixth R

4. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...inquiry into complaints made by Mr TK. Background [2] In 2010 Ms SM was instructed by Mr TK to undertake immigration work for his wife. [3] Ms SM rendered an account for her services in July 2012. [4] Her account was not paid. 2 [5] Ms SM claimed a lien over Mr TK’s file on account of unpaid fees. Included on the file was Mr TK’s passport. [6] Mr TK made repeated requests to Ms SM to have his passport returned. Ms SM refused to provide the passport. The complaint and...

5. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...rejected any suggestion that she was entitled to a severance payment under the applicable collective employment agreement (the MECA). Mrs Archibald’s employment with the WDHB accordingly came to an unceremonious end. [4] Mrs Archibald pursued a claim against the WDHB in the Employment Relations Authority, which found in her favour. The Authority concluded that Mrs Archibald had been unjustifiably dismissed; was entitled to a severance payment; and that she was entitled to comp...

6. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   PASCOE v MINISTER FOR LAND INFORMATION IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2024] NZEnvC 101 IN THE MATTER of an objection under s 23 of the Public Works Act 1981 BETWEEN TONY and DEBBIE PASCOE (ENV-2021-AKL-116) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Environment Judge B P Dwyer Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at New Plymouth

7. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   PASCOE v MINISTER FOR LAND INFORMATION IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2024] NZEnvC 101 IN THE MATTER of an objection under s 23 of the Public Works Act 1981 BETWEEN TONY and DEBBIE PASCOE (ENV-2021-AKL-116) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Environment Judge B P Dwyer Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at New Plymouth

8. ENVC Hearing 6Oct14 DM Piritahi Maikara Ropata [pdf, 165 KB]

   ...Glenn Innes. 1 Hokianga from Te Korekore te 1840 by Patu Hohepa. A Resource Document Commissioned by the Crown Forestry Rental Trust on behalf of the Hokianga Whanau, Hapu, Land and Resource Claims Collective. Final Report January 2011. 3 5. My mother’s only brother, his family and mum’s parents lived in Auckland. This was great because we got to visit all the time. Whanau was very important and hugely influentia...

9. Campbeltown v Dunoon LCRO 129 / 2009 (11 November 2009) [pdf, 85 KB]

   ...progressed exactly as they did had Swansea been represented by another firm. However that does not allay Mr Campbeltown. I observe that where a lawyer is in breach of the duty of loyalty the onus will fall on him or her to show that the loss claimed did not flow from the breach: Brickenden v London Loan and Savings Co [1934] 3 DLR 465; [1934] 2 WWR 545 (PC); Everist v McEvedy [1996] 3 NZLR 348, 355. [25] Mr Dunoon has maintained that Mr Campbeltown was aware of the fact that XX

10. Audit summary report FINAL [pdf, 608 KB]

    ...manages an audit programme for legal aid lawyers. This is part of the quality assurance framework for legal aid services under section 91 of the Legal Services Act 2011. The Ministry of Justice sets the number of audits to be completed in its annual Statement of Intent. Our target for the 2015-16 financial year was 70 or more audits; we completed 76. This was around 4% of the 1655 lead legal aid lawyers providing legal aid as at 30 June 2016. Legal aid lawyers are selected for audit u...