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1. LCRO 34/2023 PI v SY (27 June 2024) [pdf, 253 KB]

   ...importance that the lawyer is able to advise the client as to the scope of the appeal, and, in particular, whether there are any jurisdictional impediments to advancing the appeal. [67] It is self-evidently pointless for a lawyer to engage a client’s resources in advancing an impotent appeal. [68] And there were limitations on Mr PI’s ability to address, in the District Court, all the matters he wished to have challenged. [69] The District Court had no jurisdiction to consider the...

2. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

   ...activities. There is no gap between the two divisions in a lawyer’s life.8 Context and conduct under examination [10] Ms Grey is an experienced Nelson-based lawyer who practises in the field of public law, with an emphasis on human rights, resource management law and medico- legal matters. [11] As well as her legal qualifications, Ms Grey holds a science degree with majors in microbiology and biochemistry, as well as a Royal Society of Health Diploma in Public Health Inspection...

3. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...arrived in Aotearoa). (3) In subsection (2), customary rights means rights according to Maori customary law, including— (a) rights to occupy land; and (b) rights in relation to the use of— (i) land: (ii) other natural or physical resources. [12] The term “Ngati Tama area of interest”, as used in s 10, is defined in s 9 of the 2003 Act as follows: Ngati Tama area of interest means the area that Ngati Tama identify as their area of interest, as set out in Sc...

4. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...conclusions. The company has an acknowledged discretionary right to downtrain. The company must exercise its discretion reasonably and in compliance with its contractual obligations. Recourse to downtraining to manage an application of pilot resource in appropriate circumstances is not precluded by an activation of the process in cl 11.5. Clause 11.5.2 does not require, when read in isolation or in context, that once it is set in motion the steps set out in that provision must b...

5. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...the DoHRP is appointed under the HRA and the Director of Proceedings is appointed under the HDCA, their functions are analogous. They both have important roles to play in human rights protection in New Zealand, are publicly funded and have limited resources. These are all relevant factors in the assessment of costs. See Haupini at [46]. However, in IDEA Services Ltd v Attorney-General (No. 3) [2011] NZHRRT 21 (28 September 2011) at [76][d] the Tribunal considered that an award of costs...

6. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...this revelation and told Mr Shanks that he would be returning on 3 August 2009 regardless. When questioned, Mr Shanks said that he could not recall such a conversation. [26] Mr Mohammed sought assistance from his friend and previous Human Resources Manager at another plant, Mr Small. Mr Mohammed and his son’s evidence is broadly consistent with what Mr Small had to say. His evidence was that he rang the company on 31 July 2009 and spoke to the receptionist, asking to speak...

7. OIA-97276.pdf [pdf, 7.3 MB]

   ...accessible. The Bill was therefore drafted to include the whitelist in regulations. 13. The EU’s adequacy process is long, intensive, and produces detailed reporting. New Zealand’s process will need to take into account our smaller size and limited resource. A streamlined process is consistent with the Bill’s flexible framework for overseas disclosures. However the assessment process will need to be robust enough to avoid exposing us to criticism or challenge from our key international p...

8. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...report, in response to Dr Hilliard’s later report: There is evidence in the literature that aromatic amines can be present in clan labs, as clearly described in the 2008 US EPA report. While Dr Hilliard now 1 Environmental Protection Agency, Resource Conservation and Recovery Act Hazardous Waste Identification of Methamphetamine Production Process By-products Report to Congress (2005), Appendix B: “Chemical Properties and Hazardous Waste Codes Associated with Chemicals Comm...

9. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...the Ministry is not careful, applicants would have the full right to take those matters to the High Court, and I want a copy of today’s minutes sent to the Chief Registrar and to her director. I expect the situation to improve with additional resourcing and staff, otherwise the Chief Judge and I cannot be expected to be able to keep processing matters in the way that is required under this Act” (Emphasis in original) [43] Regarding the delays between 2014 and 2017, at [8] Ju...

10. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

    ...Morris completed settlement of the purchase on 23 April 2014. [5] Mr and Mrs Morris subsequently approached the Auckland Council, with regard to installing a swimming pool at the property. They were advised they would be required to apply for a resource consent. They then found that some neighbours would raise an objection to such an application, so did not pursue it. [6] In March 2017, Mr and Mrs Morris listed the property for sale with Megan Jaffe Real Estate Ltd (trading...