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1. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...enables many transactions to be completed without interruption or delay. An undertaking is generally accepted as a substitute for strict performance of some commercial, contractual or procedural requirement: see Laws NZ, Law Practitioners, paragraph 101. In cases where a solicitor undertakes to hold proceeds of sale and to apply them in accordance with the undertaking, the High Court will require the solicitor to honour the undertaking given: for example, re C (a solicitor) [1982] 1 NZ...

2. [2023] NZREADT 25 CAC 2102 v Hoogwerf (25 September 2023) [pdf, 238 KB]

   ...individual conduct can be measured but under s 73(a) that reasonable 2 Real Estate Agents Act 2008, s 105. 3 Section 109(1). 4 Section 109(4). 5 Section 110. 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101]–[102] and [112]. 7 Morton-Jones v Real Estate Agents Authority [2016] NZHC 1804. 8 person is qualified to be an agent of good standing or a member of the public. [58] So while the reasonable person is a mythical ideal pe...

3. NZCVS-Cycle-4-Core-Report-Section-8-Distribution-of-crime-fin.pdf [pdf, 539 KB]

   ...levels of financial pressure • those renting government accommodation (local and central) 1 The demographic patterns for those who experienced one, two or three incidents within a 12-month period can be viewed in the data tables. 27.8% 16.5% 10.1% 6.5% 39.0% 30.5% 16.3% 9.8% 10.0% 33.5% 27.4% 16.4% 8.9% 8.5% 38.7% One Two Three Four Five or more % o f in c id e n ts Number of incidents experienced Cycle 1 Cycle 3 Cycle 4 https://www.justice.govt.nz/justice-secto...

4. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...relationship of trust, confidence and fair dealing, including: 15.4.5 Withholding from the plaintiff essential information about known risks including information about Dr Fisher and Mrs Wendy Metcalfe. Particulars sought: Please state: 10.1 The specific essential information about known risks other than Dr Fisher and Mrs Metcalfe, when that information was known to the defendant (by reference to documents or otherwise) and the basis upon which it is alleged that that infor...

5. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...of misconduct in his professional capacity or conduct unbecoming or negligence or incompetence of such a degree or so frequent as to reflect on his fitness to practise or as to tend to bring the profession into dispute, in that, in breach of Rule 1.01 of the Rules of Professional Conduct for Barristers and Solicitors the Practitioner did not act in the Complainant’s best interests, contrary to the required relationship of confidence and trust between solicitor and client. 6...

6. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

   ...that need to be considered in the event that the reclamation does meet the requirements of (1). [33] In this case, there was no dispute and nor are we able to see any evidence to suggest that the reclamation would not meet the criteria within 10(1) in respect of an RSI, being Northport. The question as to whether or not a particular reclamation would be allowed would be a matter to consider in a whole series of issues, some of which relate to the environment and others that relat...

7. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

   ...clarified in more detail the extent to which BG had addressed the cost/risk factors when first taking instructions from HC. [100] I am satisfied however that there is sufficient information available to adequately determine the fee issue. [101] I think it probable that HC was resolutely determined to proceed her employment claim. 15 [102] The fact that she had instructed BG after first taking advice from two employment advocates, gives indication that she was committed to ch...

8. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...MB 211 (68 RUA 211). 14 See United Peoples Organisation (World Wide) Inc v Rakino Farms Limited (No.1) [1964] NZLR 737 (SC) at 738; Nicholls v Hill HC Auckland, CP156/90, 25 May 1990. 15 Millwell Holdings Ltd v Johnson (1988) 3 TCLR 93 (HC) at 101-102. See also the more recent decision in Weil v KNC Construction Ltd [2017] NZHC 117. 173 Waikato Maniapoto MB 11 presented with new evidence in an application to discharge an interim injunction. The Court held: 16 The most sig...

9. [2020] NZEnvC 198 Lake Road Preservation Society Incorporated v Lake Road Quarry Limited [pdf, 801 KB]

   ...GST) (ii) Expert Fees: @ $45,000 (incl GST) $115,000 (incl GST) (b) They incurred costs on the enforcement application: (i) Legal Fees: @ $83,000 (incl GST) including partial attribution of fees. (ii) Expert Fees: @ $18,000 (incl GST) $101,000 (incl GST) [36] Of those sums the Preservations Society seeks: (i) @ $55,000 or around 48 percent of application (ii) @ $60,000 or about 60 percent of enforcement The Preservation Society also seek a further 20 percent or $20,000 fro...

10. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

    ...All persons present in Court were aware of my own particular tribal affiliations through my involvement in local affairs for over a decade. I also asked in open Court if there were any objections to me hearing the application and none were voiced, 101 Whakatane MB 257. Indeed, those opposed to the application because of, inter alia, tribal issues, did not object. Consequently, having carefully considered the matter, and in the absence of any opposition, I see no grounds for recusal. In add...