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1. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...application of the primary principle in the context of claims under the New Zealand Bill of Rights Act 1990 may not always be appropriate as it may discourage litigants from bringing NZBORA claims. That would clearly have the result of weakening NZBORA protections. See Attorney-General v Udompun [2005] 3 NZLR 204 (CA) at [186]. Whether costs follow the event in proceedings before the Tribunal [4] In all three of its jurisdictions the Tribunal has a broad discretion to award costs aga...

2. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...iwi Māori kia taea ai ēnei kaupapa te whakatinana. Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of...

3. [2024] NZEnvC 005 New Zealand Transport Agency Inc v Horowhenua District Council [pdf, 917 KB]

   ...and contribute to a high amenity environment. It is also important that development at Tara-Ika is resilient to the effects of climate change and natural hazards and minimises effects on the natural environment. Both of these considerations require careful stormwater design. The following objectives and policies seek to respond to the above issue and opportunity. Objectives & Policies Objective 6A.1 To achieve an integrated, efficient, and connected development that reflects c...

4. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...for service had been provided for the purposes of HCR 5.42(2). The Court had no information as to the owner or occupier of the address which had been provided, and/or the relationship of that person or persons with Mr Noble. Accordingly, some care had to be taken in assessing the application for substituted service by email only. An opportunity was provided for further evidence to be filed, then submissions. [12] On 20 January 2020, a solicitor from GRL filed an affidavit stating...

5. Complaints Management Policy [pdf, 624 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

6. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...for G, having previously acted for Mr AB jointly with G. He says that Mr EF should either have declined to act for G, or obtained his informed consent to his doing so. [11] Mr AB says that Mr EF has breached r 6.1.2 of the Conduct and Client Care Rules.4 In addition, Mr AB says that even if he had provided informed consent, Mr EF was nevertheless in breach of r 6.1.3 because Mr EF breached his duty to Mr AB by using information gleaned from Mr AB during the time that Mr EF had a...

7. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...declarations used by the customs broker, Customs has sought recovery of the unpaid GST and duty from them. Those elements are not controversial, however some of the circumstances are contentious: [6.1] Customs say the appellants failed to take adequate care, and criticises them for not making their own inquiries, and for that reason say they should bear some of the responsibility. [6.2] Customs has an ongoing investigation, and was reluctant to provide evidence of the respective...

8. Legal Aid Complaints Management Policy [pdf, 633 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

9. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...Committee’s determination is that it has not identified which sections of the Act, or which rules and/or regulations have been breached. That is also remedied on review. [32] Rule 5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: A lawyer must be independent and free from compromising influences or loyalties when providing services to his or her client. [33] Rule 5.4 provides: A lawyer must not act or continue to act if the...

10. Recommendations recap - issue 10 [pdf, 1021 KB]

    ...74 of the Act. 3 Contents Recommendations ....................................................................................................... Error! Bookmark not defined. Adverse Effects or Reactions to Medical/ Surgical Care ................................................................................................. 4 Aviation Accident ..............................................................................................................................