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1. Banbury v Selkirk LCRO 47 / 2010 (2 June 2010) [pdf, 53 KB]

   ...Mr XX, and the Practitioner. Background [4] In 2004 another practitioner who was then involved in the law firm had undertaken work for the Applicant and his wife in relation to a Family Trust. When the trust property was transferred to a new trust there had been no continuation of the gifting programme to reduce their assets. When, four years later, a means test showed the assets to be above the allowable threshold, WINZ declined an application for a rest home subsidy for the...

2. Stride Property Limited and Stride Holdings Limited 194 [pdf, 161 KB]

   ...Neighbourhood Centre (Silverdale North sub­ precinct D) to Business Park or Light Industry (3863-62); and c. Amend the Neighbourhood Centre (Silverdale North sub­ precinct D) to 1 ha in area (3863-60). 8. Submissions by The Urban Design Forum New Zealand (5277-171) and The New Zealand Institute of Architects (5280-173) also sought that Silverdale North sub-precinct A be rezoned from General Business to Light Industry. 9. The Independent Hearings Panel (IHP) recommendation:5 a....

3. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   175 Taitokerau MB 251 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20180002884 A20180002924 UNDER Sections 240, 239 and 67, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust BETWEEN RACHEL WITANA AND TAOKO WIHONGI Applicants AND TE TUHI ROBUST, BRUCE CUTFORTH, RANIERA TAU AND COLLEEN BIRMINGHAM-BROWN Respondents Hearing: 13 June 2018, 174 Taitok...

4. Hamilton City Council.pdf [pdf, 268 KB]

   ...REGIONAL COUNCIL Respondent NOTICE BY HAMILTON CITY COUNCIL TO BECOME A PARTY TO PROCEEDINGS UNDER SECTION 274 OF THE ACT 28 September 2020 Westpac House 430 Victoria Street PO Box 258 DX GP 20031 Hamilton 3240 New Zealand Ph: (07) 839 4771 Fax: (07) 839 4913 tompkinswake.co.nz Solicitor: Marianne Mackintosh marianne.mackintosh@tompkinswake.co.nz Counsel: Lachlan Muldowney lachlan@muldowney.co.nz - 1 - TO: The Registrar Environ...

5. RS v GT Limited [2019] NZDT 1398 (22 May 2019) [pdf, 230 KB]

   ...repairs, being $1948.10, on the basis that the guard, an employee of GT Limited was negligent in manually lowering the barrier arm as his vehicle was passing. 3. GT Limited did not attend the hearing – I note that they were served via substituted service to their email address (above [redacted]) on 8 May 2019. 4. The issues to determine are: • Did GT Limited’s guard breach his duty of care to RS? • What are RS’s reasonable losses? Did GT Limited’s guard breach his d...

6. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   ...lost remuneration or to three months’ ordinary time remuneration. The Court has a discretion to order a greater sum for lost remuneration under s 128(3). [32] The Court of Appeal has recently considered s 128(3) in Sam’s Fukuyama Food Services Ltd v Zhang, 9 observing that it is axiomatic that the full financial losses suffered by a respondent set the upper limit on an award of compensation. There is no automatic entitlement to full compensation. Regard must be had to the...

7. LCRO 171/2017 PA v GQ (1 May 2018) [pdf, 177 KB]

   ...have been possible. In Mr PA’s view, that was not so. Shortly after the delivery of the review decision, Mr PA dispensed with Mr GQ’s services. The nature of the original complaint [13] Central to Mr PA’s 6 December 2016 complaint to the New Zealand Law Society Complaints Service (NZLS) were, as I paraphrase, contentions that: (a) in filing his submissions for the review one working day before its hearing Mr GQ had prejudiced his case; (b) Mr GQ’s explanation for th...

8. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...RESPONDENT NH And Applicant for Counterclaim The Tribunal orders: AM and HM are to pay $30,000.00 to TH and NH on or before Monday 11 April 2022. Reasons: 1. In April 2017, HM and AM purchased a house on a hill section at [Address 1]. TH (together with her mother NH) own the house on the downhill side at [Address 2]. In May of 2017, AM left a letter in each of her seven neighbour’s letterboxes, and wrote that she would have her boundary surveyed and would cl...

9. Judicial Appointments Protocol 2019 [pdf, 164 KB]

   JUDICIAL APPOINTMENTS PROTOCOL 2019.DOC FOREWORD BY THE ATTORNEY-GENERAL Making recommendations to the Governor-General for the appointment of Judges is a most important responsibility in a democracy such as New Zealand, operating under the rule of law. I see that responsibility as requiring the selection of a judiciary that will be independent in exercising its functions, which will decide issues according to the law, and which will be aware of, and sensitive to, the broad dimensions...

10. Judicial Appointments Protocol Nov 2019 [pdf, 143 KB]

    JUDICIAL APPOINTMENTS PROTOCOL NOV 2019 FOREWORD BY THE ATTORNEY-GENERAL Making recommendations to the Governor-General for the appointment of Judges is a most important responsibility in a democracy such as New Zealand, operating under the rule of law. I see that responsibility as requiring the selection of a judiciary that will be independent in exercising its functions, which will decide issues according to the law, and which will be aware of, and sensitive to, the broad dimensions...