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1. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...pay substantial fees and disbursements if the complaint was lodged with the Tribunal. [100] This Tribunal has no jurisdiction to make an order against a person lodging a complaint. Both Ms Tan and her counsel ought to have been aware of that. [101] Any attempt to stifle a complaint by threats would potentially amount to serious professional misconduct, and aggravated a complaint. 10 [102] Ms Tan and her counsel were requested to explain the basis on which they made the...

2. Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]

   ...that she purchased the shed and paid for it to be moved on to the land and renovated. She also paid 14 Auckland City Council v Ports of Auckland [2000] 3 NZLR 614 at [72]-[76]. 233 Waiariki MB 101 for the maintenance and upkeep, together with the ongoing expenses, including the power and insurance. Phyllis Nicholas has provided evidence of her expenditure in the form of receipts and bank account records. As noted, the t...

3. Professor Simon Francis Thrush - Evidence in Chief [pdf, 2.7 MB]

   ...$4fr~u:fhi¢ati.6rJ), 3.,3 Si.ofjiyersl.iy c~ri be aefi'ne.1 at·a Wid~ tlir\g~ tit bio!o$ic~I Ma,le's fr¢m $eneti~ dlversJty fo specie.s .{JiVetsify ti;> eco$ystem diver$ity; In .seafioor ~qosystems·-~here.is g~nerql[y a ~tron_g and positi\1e:relat1011ship bl3tween habif;:,tt.div.ersity and spec'.~s rl¢.lttss. For t (\~~':, c::;, 3 ; ~.r. \ · i':•. '..,___; , f ~ ~) . "::_ ,••~. ~ ..( ~' (r,/1,/;-,, 249 · practical ~pplica...

4. [2016] NZEmpC 97 Banks v Hockey Manawatu Inc [pdf, 193 KB]

   ...obtained. I note that HM has been able to continue operations well into 2016. [100] I also conclude that information before the Court suggests that HM has the ability to raise additional funds, whether by way of loan, grant or otherwise. [101] Finally, the audited accounts state that HM has an “employee disputes” insurance policy, and that the insurer has been notified. It is unclear, however, whether the claim has been accepted. Mr Drummond has advised the Court that a...

5. OX v XX Standards Committee LCRO 180/2015 (4 October 2016) [pdf, 456 KB]

   ...OX, it is more likely than not that the deficiencies in Mr OX’s conduct of the aborted jury trial 23 collectively, fell below the standard of professionalism that would be regarded by lawyers of good standing as being acceptable. [101] It is particularly important where an accused’s liberty is at risk that minimum standards are met and preferably exceeded. Only lawyers have the status to appear as an advocate for any other person before a New Zealand court. That work...

6. [2016] NZEmpC 113 The Pulp and Paper Industry Council v Oji Fibre Solutions Ltd [pdf, 308 KB]

   ...following clauses from the CA are relevant to the dispute, which has now arisen, as to the method of calculation of the payment to those employees who have elected to be paid out for untaken leave in whole or part. CLAUSE 10 – PAYMENT OF SALARY 10.1 The salaries and allowances specified in Clause 34 are total annual amounts. The intent is that these amounts shall be divided up and paid by direct credit in equal amounts. … CLAUSE 13 - ANNUAL LEAVE 13.1 It is agreed...

7. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...see” on the trust account statement that the family trust had provided the shortfall funds to repay the existing bank loan. He says he “got on well” with Mr FM, and “had no concerns about [Mr FM’s] professionalism.” Payment of funds [101] As noted above, the process of authorisation of a payment from the firm’s trust account by a partner or principal of the firm serves as a useful check on whether the payment can be made, including sufficient funds, and the client’...

8. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...dialogue with Mrs XM. [100] Nor was it the case that Ms WG failed to provide any response to request for clarification on the renunciation issue. On 12 December 2012, Ms WG informed Mrs XM’s lawyer that she continued to be instructed by Mr HY. [101] On 25 January 2013, Ms WG sought to clarify with Mrs XM, her understanding of their discussions concerning Mr HY. In an email to Mrs XM she advised: With regards to the executor we only discussed a possible renunciation by the execu...

9. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...continue. As already discussed, we do not consider this to be the case. The evidence from the Police is that they were aware of the prohibition against publication of information likely to identify Eve under s 139 of the Criminal Justice Act. [101] The understanding that the Police had in 2012 was that prohibition of non- conviction information applied not only where there was court ordered name suppression but also where there were other matters, including s 139 of the Criminal Justice...

10. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

    ...HC Christchurch AP34/02, 14 March 2003. 8 settled, particularly in the consideration of plan changes. [18] By law, any submission must be “on” the notified plan change for a local authority to be able to consider it (Sch 1, cls 6, 8, 10(1); see Motor Machinists).11 Allowance is given for “matters relating to any consequential alterations necessary to the proposed statement or plan arising from the submissions” and “any other matter relevant to the proposed statement...