Search Results

1. AQ v KX & Anor LCRO 274/2013 (17 May 2016) [pdf, 57 KB]

   ...trust account obligations in relation to Ms AQ. (f) There was not sufficient evidence to make a finding that [Law Firm X] had breached obligations in Rules 2.4 and 11.4 of the Lawyers and 6 Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) through their involvement in the preparation of the FRR agreements or their knowledge of the state of affairs relating to the ownership and consent status relating to the development land. (g) Ms AQ had alre...

2. [2012] NZCA 25 CA562/2011 Service Food Workers Union v Cerebos Greggs Ltd [pdf, 166 KB]

   ...public holidays for the observance of days of national, religious, or cultural significance: (c) sick leave to assist employees who are unable to attend work because they are sick or injured, or because someone who depends on the employee for care is sick or injured: (d) bereavement leave to assist employees who are unable to attend work because they have suffered a bereavement. [7] Section 6 provides: Relationship between Act and employment agreements (1) Each entitlement pr...

3. [2020] NZEmpC 236 Maheta v Skybus New Zealand Ltd [pdf, 259 KB]

   ...Maheta will be unable to pay future costs to Skybus if his claim is unsuccessful. Once that threshold is met the Court may order security to be given if that would be just in all the circumstances. [42] Considering this test usually involves a careful balancing of interests between the plaintiff and defendant.27 The balance required is to ensure that access to the Court for a plaintiff should not lightly be denied, which may be the consequence of ordering security, but a defenda...

4. Martin v The Real Estate Agents Authority (CAC 416) [2018] NZREADT 69 [pdf, 205 KB]

   ...not telling Mr Power that the second offer had been received, then accepted, and in failing to retain a copy of Mr Power’s offer. It found he had breached rr 6.4, 10.11, and 10.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), so as to be unsatisfactory conduct under s 72(b) of the Act. [15] The Committee’s inquiry into Mr Martin’s conduct focussed on his supervision of Mr Mulligan. He was asked to respond to a number of qu...

5. NZCVS topical report Cycle 2 (2019) - Social wellbeing and perceptions of the criminal justice system [pdf, 1.4 MB]

   ...https://www.justice.govt.nz/justice-sector-policy/research- data/nzcvs/resources-and-results/ Disclaimer 1. This report contains only information about people aged 15 years and above. The survey does not cover children younger than 15 years of age. 2. 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 da...

6. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...– [28]. Council would avoid a costs liability which it should, in the circumstances, meet. I conclude that Mr McKerchar’s application for costs should be considered on the basis of the success which he achieved. But in doing so, a careful assessment will need to be made to ensure he recovers costs which relate only to his successful application, and that there is recognition of the Council’s success. Reasonable costs? [29] In light of that conclusion, it is next...

7. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

   ...to High Court Rules, r 4.27 and District Court Rules, r 3.33 are not helpful. The power of a tribunal to appoint counsel assisting must be conferred by statute, as in the case of the Immigration Act 2009, s 269 which empowers the Immigration and Protection Tribunal to appoint counsel assisting for the purpose of any proceedings involved classified information. That power is accompanied by specific statutory provision for the payment of counsel assisting. See Immigration Act, s 271. Th...

8. Form1 Criminal legal aid application Crown Prosecution [pdf, 1.1 MB]

   ...strike final warning? No Yes 24. If you are charged with domestic violence matters is the alleged victim your partner? No Yes Are you currently subject to the Mental Health Act or the Intellectual Disability Compulsory Care & Rehabilitation Act orders? No Yes Has anyone else been charged with you for these offences? No Go to question 29 on next page Name(s) Yes 25. If your charge(s) has a maximum penalty of...

9. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

   ...occurs in most other civil courts. [14] Included in “public interest” aspects, can be the need for particular kinds of infrastructure, the minimisation of substantial holding costs on the part of developers and infrastructure providers, and the protection of important parts of the natural environment as ordained in various provisions in Part 2 of the RMA. Expedition in hearing work and decisions [15] These sorts of issues are also driving our interest in getting to hearings...

10. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

    ...applications for security for costs were conveniently summarised by Judge Inglis in Liu: [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 8 as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adver...