Search Results

1. LCRO 67/2019 QN v WM and FR (8 August 2019) [pdf, 102 KB]

   ...potential conflicts that faced Mr QN, given the wide-ranging obligations that lawyers owe to their clients. [23] In the circumstances, there is nothing inappropriate about the lawyers having requested background information, such as a copy of the statement of claim, to inform their responses. The lawyers were not obliged to fall on their own sword simply to assist Mr QN, nor were they obliged to frame their replies to Mr QN in a way that suited his convenience. It would be far m...

2. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   ...behind this resource consent appeal. OPS argues that adverse effects from relevant public views and public places on outstanding landscape values, as a result of a proposed residential dwelling, is an issue of public interest. In general terms that statement is correct, but in terms of this case OPS members are also land and business owners with private interests in protecting the landscape and the value (in a financial sense) associated with that. [19] The court finds that while OP...

3. BL & CM v KB (aka CK) [2024] NZDT 180 (11 April 2024) [pdf, 176 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 180 APPLICANT BL APPLICANT CM RESPONDENT KB (aka CK) The Tribunal orders: 1. KB is to pay to BL and CM the sum of $9,000.00 on or before 2 May 2024. 2. Within 7 days of that full amount being paid, BL and CM are to return the [vehicle] to the [Address]. Reasons: 1. In February 2024, KB advertised a [vehicle] for sal

4. Rae v CAC10057 & Burch [2013] NZREADT 3 [pdf, 70 KB]

   ...told her that the fenceline is the boundary line. It seems that lawyers, surveyors, and the local Council have all resisted taking responsibility for this issue confronting the appellant. The Evidence of Mr Burch [48] In evidence and previous statements, the former licensee firmly asserts that he not only made no comment to the appellant at any time about siting of boundaries of her unit, but that it was the real estate company’s policy to never advise about boundaries as fences...

5. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...denies ever having offered the defendant employment, whether for a fixed term or otherwise. It says that the defendant was, in effect, a volunteer for a three hour pre-employment evaluation which was not itself employment. It relies on the general statement of Judge Shaw in Hayden v Wellington Free Ambulance Service 10 that: “… it is intended that relief available under the Act is only available where a person has actually been employed on settled terms and conditio...

6. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...supplementary closed documents. [15] The only oral evidence received in the closed hearing was that given by Mr MJ Sadd, the Continuous Improvement Advisor in the New Zealand Police Vetting Service. That evidence was narrowly confined and Mr Sadd’s open statement of evidence clearly indicated the context in which his closed evidence was given. The Police legal submissions on the closed evidence (and which could not be presented in open hearing without compromising the Police case) we...

7. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Statement of Rebuttal Evidence by Maxwell Joseph Dunn On behalf of Waiheke Marinas Ltd Dated 26 September 2014

8. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

   CLAIM NO: 626 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN LYNETTE BLACK AND JOHN HARRINGTON as trustees for LYN BLACK FAMILY TRUST Claimant AND KW & KR GUTSELL BUILDING LTD First Respondent AND ROCKCOTE ARCHITECTURAL COATINGS NZ LTD Second Respondent AND SOUTHLAND DISTRICT COUNCIL Third Respondent AND NEVILLE EXCELL Fourth Respondent AND CALDER STEWART

9. Family Court Rewrite Submission - Auckland Coalition for the Safety of Women and Children [pdf, 1.1 MB]

   1 Submission to the Review of the 2014 Family Court Reforms – Second Round March 2019 Contact: Leonie Morris Coordinator Auckland Coalition for the Safety of Women and Children PO Box 78 271 Grey Lynn Auckland 1021 The news headline “Andrew Little to UN: New Zealand is failing women and our justice system is broken”1 suggests that the government is aware of, and concerned to address, the harm done to women by the justice system – in particular in the Family C

10. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

    ...best way to manage their case or the nature and extent of the evidence that should be filed. [29] I do not accept that the Donaldsons were unaware that the Court might give consideration to whakapapa evidence. The Donaldsons did in fact file a statement with their application referring to Mr Donaldson’s whakapapa. In making any determination pursuant to Te Ture Whenua Māori Act 1993, the Court must consider and, insofar as provided for by the specific provisions applicable to...