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1. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...the nature of our fee arrangement. The purpose of this letter is to summarize and confirm the terms of your engagement of us, and also to provide you with information for clients which 4 lawyers are required by the Rules of Conduct and Client Care for Lawyers to provide. You retain us to represent you in connection with your relationship property matters. [19] Clause 2 of the engagement document stated: We are instructed by [CM] and expect that most of the work will be performe...

2. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

   ...granted to Summerset Villages (Parnell) Limited to construct and operate a retirement village on the subject site along with enabling works and necessary infrastructure. The retirement village would include 216 independent living units and 100 aged care units along with a range of ancillary and complementary activities, including a publicly accessible café in the station plaza area. 235 car parking spaces are proposed across a number of basement car park areas. Conditions...

3. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...it would allow some couples to receive more state-administered pensions than other couples. [61.6] The review, which concluded in 2007, found that the overall policy approach for the treatment of overseas pensions was sound and provided very good protection for older New Zealanders. [61.7] Although a change to spousal deduction was recommended as part of this review, MSD believes that, in most cases, spousal deduction is fair and ensures that couples receiving an overseas pension recei...

4. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...texts on insurance law in New Zealand are divided on the issue: (a) Colinvaux says:43 The common law rule is that damages for emotional distress cannot be awarded under a policy of insurance, because an insurance contract is not designed to protect against such distress.44 The English courts have thus taken the view that, even if damages were available, they would not extend to damages for distress, because a contract of insurance is not one which has

5. LCRO 162/2018 BQ v XR (29 September 2020) [pdf, 267 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [30] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

6. [2018] NZEnvC 227 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 12 MB]

   ...Baines Hearing: at New Plymouth on 19-23 March 2018, 31 May 2018, 1 June 2018 and 27-30 August 2018 Site visit undertaken on 20 March 2018 Appearances: R B Enright and R G Haazen for Taranaki Energy Watch Incorporated and for Royal Forest and Bird Protection Society of New Zealand Incorporated M G Conway and C G Coyle for South Taranaki District Council , New Plymouth District Council, Stratford District Council and Powerco Limited D Allen and V Brunton for Petroleum Exploration...

7. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...employer that terms and conditions of employment for non-union employees would include the payment of a mandatory “bargaining fee” to be paid to the union2. This Court concluded that such an arrangement was unlawful, certainly under the Wages Protection Act 1983 and possibly also under the freedom of association principles of the Employment Relations Act. The Court of Appeal confirmed the illegality of the arrangement under the Wages Protection Act. [46] There was also conce...

8. [2022] NZEnvC 051 Perjuli Developments Limited v Waikato District Council [pdf, 14 MB]

   ...marae for the Kīngitanga, is based at Ngāruawāhia. Mana whenua and ahi kā [28] Subsequent to the time of Ngaere, Ngāti Mahuta became the dominant hapū in this particular area, and Ngāti Mahuta now claims mana whenua. As we understood the careful submissions of Ms Thomas for Ngāti Tamainupō, they do not dispute the mana whenua of Ngāti Mahuta. However Ngāti Tamainupō say they also hold status as mana whenua due to the importance of the events described and the full occ...

9. Watson v Capital and Coast District Health Board [2015] NZHRRT 27 [pdf, 199 KB]

   ...content of the closed documents had been heard, Ms Watson and Mr McKenzie returned and the open hearing resumed. [12] Conscious of the fact that Ms Watson and her counsel had been excluded from a significant aspect of the case, the Tribunal took care to ensure the hearing was closed to the minimum degree required to allow the CCDHB to fully and fairly present its case in support of the refusal decision. To the greatest extent possible the hearing was conducted on an open basis. Post...

10. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

    ...[another party] and [the other party] initiated legal proceedings for the release of the monies held by [the firm] on my behalf. At that time I took further legal advice and was advised that the wording of the guarantee was erroneous and did not protect my position and to request the funds not to be released. This in turn led to [the firm] being taken to the High Court …, where they lost the case and the funds had to be released to [the other party] and I lost $500,000. This caused...