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1. [2018] NZSSAA 11 (16 February 2018) [pdf, 208 KB]

   ...May 2017. He said he appeals on the grounds that: a. WINZ and the Benefit Review Committee took into account irrelevant information, that is a Maori land matter which I am party to, and in respect of which I have taken the necessary steps to protect my interests and that of my whanau. b. The process I was subjected to before the Review Committee was biased against me, and procedurally unfair, even though my lawyer was present, hence our early withdrawal. Perhaps highlighted...

2. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...to Mr Garrett, in delivering a censure in our oral decision of 14 October, that there is a distinction between a lawyer as counsel and a lawyer as defendant (or indeed, in dealing with his or her professional body). While subtle reasoning and careful phraseology, might be admirable qualities when representing a client, they have no place for the lawyer representing himself 2 Ibid 384, para 17.115. 3 (1918) 18 SR (NSW) 70 at 74-75...

3. NZCVS Cycle 1 (2018) Key Findings (with infographics) [pdf, 3.9 MB]

   THE NEW ZEALAND CRIME AND VICTIMS SURVEY 2018 KEY FINDINGS CYCLE 1 Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered by the use directly, or indirectly, of the information in this publication. 2. This booklet contains highly aggregated data. No identifiable personal data...

4. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of agency provides that a company may be boun...

5. LAT - Practice note - 2022 [pdf, 270 KB]

   ...applicant may represent themselves, or be represented by a lawyer, or other person. 23. An application for review for a person aged under 16 must be made either by that person’s parents, that person’s guardian, or a person providing day-to-day care to or who is in custody of that person. Clause 16, Regulations 24. A minor aged 16 or over may apply for review in their own right. 25. An application for review for a person who is mentally disordered must be made by a person aged...

6. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...clarified both he and HD had discussed HD’s reason for wanting the loan agreement to be formally drafted and signed by both parties, which was that, in the event of MN and LD ever separating, LD would CI0301_CIV_DCDT_Order Page 2 of 4 then be protected financially. As such, MN confirmed he did understand that the loan agreement was a formal binding legal document that he agreed to sign it as such. I find MN and HD intended to create a legal relationship with each other in enter...

7. BORA Harmful Digital Communications Bill [pdf, 303 KB]

   ...Rights, to which the Bill of Rights Act is in part directed to give effect, provides in art 19(3) that the right to freedom of expression may be restricted to the extent necessary “for respect of the rights or reputations of others” or for the protection of public order or morals; and 15.2 More specifically, serious emotional or other harm has been accepted as a due basis for restriction of expression. 16. Here: 16.1 The District Court may only make an order if a serious...

8. READT annual report 2021 [pdf, 215 KB]

   ...constitutes an offence for which the licensee has been convicted, and which reflects adversely on the licensee’s fitness to be a licensee. Many of the cases that come before the Tribunal involve complex issues of law and/or fact, which require careful consideration. The Tribunal has built up a considerable body of precedent decisions, which provide guidance to Complaints Assessment Committees, and the industry as a whole. Page | 5 Decisions of the High Court and...

9. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...outcome of the proceedings presently in the High Court may be predictable. Concern also needs to be expressed about the position of a director continuing to trade a company when it is clearly insolvent.4 I note in that context that Mr McCormick carefully makes a distinction between cashflow and liquidity. Of course, the plaintiff has filed no evidence in opposition to the application for security for costs to verify the assertions made on its behalf. Also, very little, if any, e...

10. BORA Veterinarians Bill [pdf, 95 KB]

    ...using their services have confidence in them. Veterinarians not only deal with animals and their owners, they also play an important role in food assurance systems, assist in ensuring that New Zealand’s export markets for meat and dairy products are protected (i.e. that the country’s export comply with importing country requirements), and assist in reducing bio-security risks to the country. In our opinion, the identified discrimination appears to be justified in terms of section 5 of...