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1. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...prevail. Nevertheless, there are reasons to believe that disgorgement may be subject to a more limiting test of remoteness. … although equity regarded the entire factually caused gain as prima facie recoverable, it did nevertheless on occasion permit the defendant an allowance for his time, skill, and effort in generating the profit. While this allowance may simply be part and parcel of defining the extent of the profits, functionally the allowance for skill and effort operates as...

2. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

   ...as specifically as possible”, they are “also to be applied as sensibly and fairly as possible”. Following this approach, and from my analysis, the conclusion I have reached is that by not serving the applications within the stipulated time permitted, Mr ID contravened r 3. [24] There were other aspects of the complaint in respect of which my colleague found that a need for professional conduct findings adverse to Mr ID did not arise, with one arguable exception discussed later in...

3. [2024] NZEnvC 173 Habitus Group Limited v Christchurch City Council [pdf, 23 MB]

   ...earthworks commencing. This may be by way of email to rcmon@ccc.govt.nz. 6. All contaminated soils removed from the site will not be suitable to be disposed of at a cleanfill facility and must be disposed of at a facility whose waste acceptance criteria permit the disposal. 7. Evidence of the disposal of soils from the site to an authorised facility must be submitted to the Environmental Compliance Section of Council by way of waste manifest and/or weighbridge receipts within 2 months of...

4. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 15 (29 April 2021) [pdf, 381 KB]

   ...were thwarted by the judge who took the view that the primary matter on his agenda at the urgent hearing was the safety of the children. The judge interrupted Ms O’Boyle and would not allow her to follow her planned line. The judge did not permit Mr C to call Ms P, advising that he accepted their home was safe. At the hearing, the judge took control of the issue of Mr C’s alleged criminality, asking some questions which we now know Mr C answered truthfully. [31] On one poin...

5. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

   ...March in which a triennial election is required, hold a meeting to appoint its members to the Māori executive Committee for their area in addition to the general functions of the committees under section 18(1), Māori Committees may also give out permits for having liquor on premises within their area where a Māori gathering, other than a dance, may take place 69 additionally, where a Māori Committee is satisfied an offence has been commit- ted by a Māori in terms of sections 30, 32,...

6. Turner v University of Otago [2021] NZHRRT 18 [pdf, 443 KB]

   ...that decision is given to the requester. Reasons for the refusal must be provided. See PA 1993, s 44. No reason other than one or more of the reasons listed in PA 1993, ss 27 to 29 can justify such refusal. See PA 1993, s 30: 30 Refusal not permitted for any other reason Subject to sections 7, 31, and 32, no reasons other than 1 or more of the reasons set out in sections 27 to 29 justifies a refusal to disclose any information requested pursuant to principle 6. If the refusal ca...

7. BORA Public Health Bill [pdf, 617 KB]

   ...a person may be briefly detained on arrival in New Zealand, and for longer periods for inspection or surveillance where necessary. The Bill provides various safeguards for individuals detained for longer periods. 22. The general emergency powers permit detention where an emergency has been declared. Again, there are safeguards such as time limits, mandatory review, appeal rights and provisions for release when a person is no longer a health risk. While the trigger for the detention power...

8. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   ...charge a fee which, but for the lie, he could not have charged. [58] No solicitor who abuses the fundamental solicitor/client relationship in a calculated and deliberate way for personal gain, and to the potential detriment of the client, can be permitted to continue in practice… *** [59] The abuse of the solicitor/client relationship of confidence and trust was exacerbated by Mr Guest’s deliberate misleading of the arbitrator and of two fellow practitioners, again for Mr Guest�€...

9. Deputy Registrar v Moeahu – Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) (2021) 437 Aotea MB 3 (437 AOT 3) [pdf, 550 KB]

   ...wrongdoing of a criminal nature.23 Te whakahaerenga o te tarati - The administration of the trust [26] In terms of the administration of the trust, Mr Webster identified a number of general issues, which can be summarised as follows: (a) The trustees permitted and endorsed a high degree of deference towards Shaun Keenan. This appeared to be based on his former occupation as a policeman, his 21 A further election of trustees was held and an order issued on 23 April 2021 appoint...

10. Cooper v Wellington City Council [pdf, 237 KB]

    ...because of the failure of the tenth respondent to ensure that flashings were installed under the roofing tiles. 8 Claim 2171:Determination 15. The first respondent was the territorial authority responsible for the issuing of the building permit and for undertaking inspections to ensure that the dwellinghouse, while in the course of construction, was being constructed in accordance with the requisite building codes in the terms of the building consent. 16. In the cours...