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  1. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

    ...incurred the costs claimed. [20] Mr Hayes characterised the defence as “gold-plated” and “extravagant.” I do not accept that that is an accurate description of the defendant’s approach to the litigation. He also submitted that the Law Society should be invited to assess whether the invoices submitted for payment were fair and reasonable. It is the Court’s task, in deciding an application for costs, to determine the actual costs incurred and whether they were reasona...

  2. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

    LCRO 281/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Auckland Standards Committee BETWEEN CE Applicant AND DT Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] The Standards Committee made a finding of unsatisfactory conduct against lawyer CE (the Practitioner) by reas

  3. Thwaites v Barnett - Harataunga East 2B 2B 1 (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233) [pdf, 333 KB]

    ...it is in individual ownership, that owner can do with it what they like, including selling it. She referred to the other objections made to selling the land, noting that such view is shared by the Ngarimu whānau in the Tairāwhiti area. The Law [21] Section 289 of the Act sets out the power of the Court to grant partition orders. It provides: 289 Partition orders (1) Where the court is satisfied that it should partition any Maori freehold land in accordance with this P...

  4. [2024] NZREADT 26 - HN & EN v REAA & DB (05 August 2024) [pdf, 264 KB]

    ...Decision on Resource Consent (10 December 2012); BoD at 216–223. 3 BoD at 222. 3 2. The consent holder shall obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. This consent does not constitute building consent approval... … [6] On 27 August 2014, the council wrote to the vendors stating that all conditions of the resource consent had been complied with.4 [7] The agency entered...

  5. Pou - Maungakawakawa 6B, 6B1, 6B2, 6B3 and 6B4 [2018] Chief Judge's MB 725 [pdf, 311 KB]

    ...35 CLI-00189577 Whareoneone Renata Komene 2.47 2.47 62.84 36 CLI-00190559 Motau Hira Rudolph 59.57 59.57 0.00 47. Any past payments made by the Māori Trustee are afforded the protection of Section 48(2) and therefore shall be deemed to be lawful. 48. The remaining funds which are currently being held by Te Tumu Paeroa pending the resolution of the current application, should be distributed following a recalculation based upon each owner’s revised shareholding in the block,...

  6. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

    Duty Lawyer Service Operational Policy August 2024 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

  7. [2021] NZACC 195 – Kors v ACC (7 December 2021) [pdf, 233 KB]

    ...available at the time of the assessment: there is no guarantee of permanence. In Mr Kors’ case, over the two years more clinical information accumulated to support that there was no impairment related to the covered injuries in 2007. Relevant law [29] Section 67 of the Act provides: A claimant who has suffered a personal injury is entitled to 1 or more entitlements if he or she— (a) has cover for the personal injury; and (b) is eligible under this Act for the entitlement...

  8. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

    ...submissions at the hearing. A further memorandum, with additional documents, was filed on 19 August 2015. [36] Two bound volumes of documentary evidence had been filed at various stages of the appeal, one each from the appellant and respondent. THE LAW [37] An appeal lies to the Authority against certain decisions of a review officer (section 107 of the 1982 Act). An appeal is by way of a rehearing (section 109(1)). The Authority can confirm, modify or reverse a decision, or ref...

  10. [2015] NZEnvC 066 Waiheke Marinas Limited [pdf, 572 KB]

    ...position, a fresh application would need to be brought. [9] There is considerable authority from many Court decisions, setting the principles for identifying "scope". 2 [10] We have found particularly helpful a recent statement of the law by another division of the Environment Court in HIL Limited v Queenstown-Lakes District Council? We can do no better than quote the three principles set out in that decision, as follows: (1) A change to a notified application is within...