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1. [2021] NZEmpC 36 Martin v Solar Bright Ltd (in liq) [pdf, 216 KB]

   ...during the substantive hearing. [14] The rules do not create a presumption in favour of access being granted and the considerations in r 12 are not listed in a hierarchy.9 [15] Access to more than the formal court record by a non-party might be permitted if what is being pursued is for a recognised and legitimate purpose.10 That purpose can include obtaining documents to assist, or to potentially assist, other litigation so long as there is a point to the exercise. There has to...

2. BORA Death with Dignity [pdf, 87 KB]

   ...substantively just and applied in a procedurally fair manner (see, for 3 E. 63 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives - 2003 instance, B.C. Motor Vehicle Reference [1985] 2 SCR 486). Consequently, whenever a law permits an individual to be deprived of life, we must, from the substantive point of view, determine whether “the right balance” has been struck between the competing values that need to be reconciled. From the procedural perspective, we mus...

3. TQ IQ v ZC [2021] NZDT 1704 (10 December 2021) [pdf, 210 KB]

   ...purchase agreement for a property, for which the original settlement date of 31 August 2021 was deferred due to Covid Alert Level 4. The new settlement date was to be 28 September 2021, 5 working days into Alert Level 3, under which moving house became permitted. 2. ZC did not settle on the property on 28 September 2021 as required by the contract – rather settlement occurred shortly after 4pm on 29 September 2021. 3. TQ and IQ claim $2144.24, being additional moving costs of $...

4. [2019] NZEnvC 207 Archibald v Christchurch City Council [pdf, 1.1 MB]

   ...managed by a property management company. Guests may use the property's pool, grounds and tennis court, but the tennis court lights are to be disabled during this time. All guests would be subject to certain conditions of stay that do not permit the playing of outdoor music between the hours of 9 pm - 8 am. While 12 guests may seem a large number of people to be accommodated, the dwelling and property are substantial. 2 The environment [7] We draw upon the agreed statement of...

5. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...[Town] owned and operated by GN. The first day of the planned three-day stay was 17 August 2021. Shortly after arrival at the property however, a level-4 Covid-19 lockdown was announced for the whole of New Zealand. 2. As Government policy only permitted a 48-hour travel window, BC says he and his family were required to return to their [City] home immediately, as they would be unable to complete their intended stay and comply with lockdown requirements. BC seeks a refund of $581.0...

6. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...contractual notice provision. That is consistent with the authorities.7 [44] I consider this includes that employers may give notice but at the same time pay employees in lieu of them working out their notice, where such payments in lieu are permitted by the employment agreement. While there are comments made by then Chief Judge Colgan in Smith that can be picked out as arguably indicating a different view,8 his most relevant comments align with the view I have reached. [45]...

7. LP v NB LCRO 114/2012 (19 December 2014) [pdf, 98 KB]

   ...and Client Care) Rules 2008, and this Par.3.2 is evidence of same. [12] Applying the provisions of s 200 of the Lawyers and Conveyancers Act 2006 (which directs the LCRO to conduct any review “with as little formality and technicality… as is permitted…”) I have proceeded on the basis that the review remains alive in relation to the finding of unsatisfactory conduct against NB, and the penalty (or lack of penalty) consequent on that finding. [13] NB subsequently provided sub...

8. [2017] NZEnvC 176 Aitchison v Wellington City Council [pdf, 496 KB]

   ...fence/structure was constructed by Walmsley with the approval, in the nature of a certificate of compliance, of the Council. The Council had adopted, on the recommendation of its officers, an interpretation of the plan provision which had the effect of permitting the construction 4 of the fence/structure and which, on appeal to this Court and then to the High Court, was held to be incorrect. [9] To that extent, Walmsley can point to the Council's decision as supporting its...

9. Proactive Release Amendments to Lawyers and Conveyances Act (LPRR) [pdf, 1.1 MB]

   ...are appropriate privacy reasons for withholding a lawyer’s work details that may not reach the threshold of a compromise to personal safety. I also note this is broadly consistent with the Insolvency Practitioners Regulation Act 2019 (IPRA), which permits information about an insolvency practitioner to be removed from the public register if it “would be likely to prejudice the privacy or personal safety of any person.” 15. The amendment I propose in para 11 above provides clear guidance...

10. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

    IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2020] NZIACDT 54 Reference No: IACDT 002/20 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN DY Complainant AND DAMON PARKER Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 21 December 2020 REPRESENTATION: Registrar: S