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1. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...on the appropriate sum. The Standards Committee seeks $10,000, the practitioners agree to a sum of $3,000. Discussion [25] Determining the appropriate award of compensation is an art rather than scientific exercise, as stated by the Court of Appeal in Commissioner of Police v Hawkins9: …claims for what amounts to damage to dignitary interests are complex and very important. Remedies scholars (and increasingly courts) rightly see this as a particularly important and developing...

2. Taniwha v Sheehan - Ririwha (Stephenson Island) (2020) 216 Taitokerau MB 274 (216 TTK 274) [pdf, 259 KB]

   ...Fenwick v Naera [2015] NZSC 68, [2016] 1 NZLR 354 at [69] – [81]; Scott – Paremata Mokau A7A1 (Mokau Marae) (2017) 155 Taitokerau MB 135 (155 TTK MB 135) at [16]. 5 Taurua v Harawira – Te Tii Waitangi [2017] Māori Appellate Court MB 328 (2017 APPEAL 328). Also see Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) and Rameka v 216 Taitokerau MB 277 (a) Whether the trustee has failed to carry out his or her duties satisfactorily (in an obje...

3. Bamber - Tahorakuri A No.1 Sec 33A2 (2021) 259 Wairiki MB 274 (259 WAR 274) [pdf, 300 KB]

   ...and 238 requiring trustees to repay the trust for expenses where there was no authorisation.12 However, the Court may also grant relief and approve the payments retrospectively. [41] In Ngāi Tāi Ki Tāmaki Tribal Trust v Karaka, the Court of Appeal found that the High Court has inherent jurisdiction to authorise prospectively or retrospectively remuneration or extra remuneration for a trustee.13 Under s 237 of the Act, the Māori Land Court has all the same powers and authoritie...

4. From Bystander to Participant: Recognising and protecting victims by providing legal advice and legal representation [pdf, 664 KB]

   ...that a distressed complainant may invoke greater sympathy from the jury” (Killean, 2021, p. 176). Further, court judges cannot be relied on to prevent any intrusive or inappropriate questioning as they need to be perceived as objective to avoid appeals and have other interests to consider such as the accused’s fair trial rights. Thus, victims continually feel disempowered, excluded and unsupported. Further, such treatment can re-traumatise them and potentially cause secondary vict...

5. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...that there is a potential or actual conflict of interest relating to the client, the adviser may only represent or continue to represent the client where the client gives written consent. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [10...

6. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...New Zealand, with Marlborough the largest region having almost 28,000 ha or 70% of the area of national vineyard (NZ Winegrowers Vineyard Register January 2020). 19 The success of the NZ Wine Industry is based on producing wines that are highly appealing to wine consumers throughout the world by offering well- made and reliable wines that are flavour rich and refreshing. Marlborough Sauvignon blanc has become the world benchmark for wine made from this variety. On the back of the...

7. Royal v Waerea - The Mere Royal Whanau Trust (2017) 162 Waiariki MB 117 (162 WAR 117) [pdf, 251 KB]

   ...powers under section 244; or (c) terminate the trust if the court is satisfied that there is a sufficient degree of support for termination among the beneficiaries. [21] In Proprietors of Mangakino Township v Māori Land Court, the Court of Appeal noted that s 231 calls for a general review of the trust’s governance and management of its assets on behalf of the beneficial owners, and went on to consider the scope of such review. 9 [21] In carrying out a general review of t...

8. AVL operating guidelines for senior courts [pdf, 684 KB]

   ...Authority to Use  AVL may be used under statutory authority or inherent powers where no statutory authority exists.  Section 103 of the Evidence Act 2006 allows for applications to be made to the court (the Supreme Court, the Court of Appeal, the High Court, any District Court, Family Court or Youth Court) for witnesses to give evidence in an alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVL include a witness giving evide...

9. LCRO 121/2021 RF v DE Law on behalf of ABC Services Limited (17 August 2022) [pdf, 211 KB]

   ...proceeded by way of an audio-visual hearing with Mr RF on 2 August 2022. 8 Nature and scope of review [35] The High Court has described a review by this Office in the following way:12 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It i...

10. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

    ...without good cause or communication with his or her employer. In such circumstances, the employee has essentially unilaterally terminated the employment agreement and there is no dismissal. [33] In E N Ramsbottom Ltd v Chambers 5 the Court of Appeal made it clear that an employer should be cautious in drawing an inference that an employee has abandoned their employment and should take reasonable steps to make inquiries of the employee. 6 This is reinforced by the statutory...