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1. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   ...hearing in Queenstown4 . Reply by JPG [8] By way of reply JPG submits that costs should lie where they fall as5 : 3 4 5 6 7 (a) new precedent was recently set out by the Court of Appeal in Joint Action Funding6 which abolished the 'lawyer-litigant' exception in New Zealand, finding the rule that lay litigants are not entitled to recover costs should also apply to practicing barristers and solicitors; (b) Mr Brabant's costs cannot realistically be separat...

2. Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239) [pdf, 257 KB]

   ...and comprises 528.8302 hectares. An ahu whenua trust was established over the block in 1996. 2 The owners are all closely related members of the Gemmell whānau. [5] Sometime in the early 1980s members of the Gemmell whānau created a common law trust known as the Tauwhareroa Trust. The beneficiaries of that trust include some, but not all, of the beneficial owners of Mohaka A4. The Tauwhareroa Trust administered the Mohaka A4 block and that role continued after 1996 notwithsta...

3. Cabinet Minute Strategic Approach to Support the Response to the Royal Commission of Inquiry into Historical Abuse [pdf, 298 KB]

   ...Hon David Parker Hon Nanaia Mahuta Hon Stuart Nash Hon Jenny Salesa Hon Damien O’Connor Hon Aupito William Sio Hon Julie Anne Genter Jan Logie, MP Office of the Prime Minister Department of the Prime Minister and Cabinet Office of the Chair Crown Law Oranga Tamariki – Ministry for Children Officials Committee for SWC Hard-copy distribution: Minister of State Services 3 B U D G E T : S E N S I T I V E 9c4umbpd9x 2019-05-02 17:12:21

4. [2018] NZEmpC 86 Ports of Auckland Ltd v Maritime Union of NZ Inc [pdf, 374 KB]

   ...intended their words to bear. In order to be admissible, extrinsic evidence must be relevant to that question. The language used by the parties, appropriately interpreted, is the only source of their intended meaning. As a matter of policy, our law has always required interpretation issues to be addressed on an objective basis. The necessary inquiry therefore concerns what a reasonable and properly informed third party would consider the parties intended the words of their contrac...

5. Brown v CAC 20005 & Irving and D'Cunha [2016] NZREADT 36 [pdf, 170 KB]

   ...be asked about a boundary, for example where there is no clearly marked fence or where the boundaries appear to be in bushland or where a title is limited as to parties. However we have cautioned against obligations which require agents to become lawyers and we extend this to surveying. An agent must make every effort to know the product that they are selling but they are not required to anticipate problems where a problem might not exist.” [9] Mr Hodge submitted that Fitzgerald is...

6. Jukes v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 232 [pdf, 163 KB]

   ...surgery funding in respect of a neck injury (the subject of the present appeal). Only recently has counsel been engaged. Mr Jukes now has cover for multiple chemical sensitivity and brucellosis health issues and other circumstances. Relevant law [6] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

7. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

   ...decided are as follows: a. Was the immediate denture of acceptable quality? b. Was the conventional denture of acceptable quality? c. If not, is LC entitled to $2,502.00? Was the immediate denture of acceptable quality? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. Section 7 provides that goods are of ‘acceptable quality’ if...

8. Hagenson v ACC [2014] NZACA 1 [pdf, 26 KB]

   ...remove the two weeks immediately before the date of accident, which reduced the divisor to 22 weeks. This produced an earnings figure of $16,504.96 and relevant earnings of $750.23 per week. 3 [12] Ms McLachlan‘s approach was that the law required ACC to set Mr Hagenson’s compensation following the third accident on his earnings as at 18/11/90 and the $790.00 reflected Mr Hagenson’s earnings as at 2/9/90. Mr Peart’s suggestion that the $790.00 represented normal week...

9. Data highlights for children and young people December 2018 [pdf, 540 KB]

   ...NZ.1 The statistics include information on children (aged 10 - 13) and young people (aged 14 - 16) who have charges finalised in any court from 1993 to 2018.2 Youth justice system Most children and young people who get into trouble with the law don't go to court but are instead dealt with by Police in the community. This could mean getting a Police warning or being referred to Police Youth Aid. A family group conference happens in more serious circumstances where the P...

10. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

    ...definitive decision on this point by the High Court or Court of Appeal, I consider the Weathertight Homes Tribunal is obliged to follow the decision in the Cromwell Plumbing case. 29. That judgment refers to the provisions of section 17(1) of the Law Reform Act 1936, which enables contributions to be made where damage is suffered as the result of tort, and section 14 of the Limitation Act 1950. The Court found that the claim for contribution was a separate statutory cause of ac...