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1. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...obo THE LK ESTATE Applicant AND BY and FM Respondents DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] In November 2015, Mr DK [redacted] made complaints to the New Zealand Law Society (NZLS) against Mr BY and Ms FM of the law firm [Law firm A].1 Mr BY was a partner of that firm. Ms FM was an employed solicitor. [2] Mr DK made the complaints on behalf of his mother, Mrs LK. [3] The complaints were...

2. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...the garage stairway; insulation to be confirmed as fully installed; and, flashings and CLAIM NO.00823 – WARD DETERMINATION.doc 6 sealing of the garage entry door. The Field Memorandum recorded that the listed building items contravened the New Zealand Building Code and rectification and re-inspection was required before a code compliance certificate could issue. [14] A re-inspection was undertaken by Council building inspector Geoff Merton on 7 October 1996. Mr Merton adde...

3. Tom De Pelsemaeker - Evidence in Reply (25 June 2021) [pdf, 1.7 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BET

4. [2021] NZEnvC 079 Guthrie v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...use consent was also sought to breach internal boundary setbacks which, at the time of notification, included breaches of the road boundary and internal boundary setback rules. Finally, the proposal included the provision of infrastructure to service the 1 Evidence-in-chief (EIC) of SR Skelton. Attachment B “Landscape Assessment Report, 24 April 2018”. [1] [2] [3] 6 development, landscaping and earthworks. Key features of the proposal include generous building...

5. [2015] NZEmpC 156 Hoff v The Wood Lifecare Ltd costs [pdf, 85 KB]

   ...for costs has incurred some part of the costs unnecessarily or unreasonably. Whether the hearing was lengthened or shortened by the conduct of either party is especially material. 7 7 Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38, at [42]; Merchant v Chief Executive of the Department of Corrections [2009] ERNZ 108, at [24]. [17] In the present case claims and counterclaims have been made about the conduct o...

6. LCRO 118/2016 BO v JC and GW (29 May 2017) [pdf, 102 KB]

   ...Procedural matters [2] There is an initial matter relating to the evidence considered on review that must be addressed. The Early Intervention Process call log on the Standards Committee file records that Mr JC was telephoned by the Lawyers Complaints Service on 9 May 2016 to advise about Ms BO’s complaint and that the Committee’s preliminary view of the matter was to take no further action. Mr JC was offered the opportunity to respond but he advised he was content not to do s...

7. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

   ...now destroyed or at least very difficult to access, may be a course adopted in commercial litigation of very substantial monetary value or of public interest. That is illustrated by cases such as those relied on by the plaintiff such as NGC New Zealand Ltd v Todd Petroleum Mining Co Ltd and Commerce Commission v Telecom Corporation of New Zealand Ltd. Indeed, in the Telecom case, the Court ordered only a sample restored, not full-scale restoration, because of the huge cost of th...

8. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...3 This issue did not resurface on review. 7 [29] The Committee identified the following rules as relevant: 5. A lawyer must be independent and free from compromising influences or loyalties when providing services to his or her clients. 6. In acting for a client, a lawyer must, within the bounds of the law and these rules, protect and promote the interests of the client to the exclusion of the interests of third parties. 6.1. A lawyer must no...

9. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...left for further consideration. We note the objection of Mrs Assink to an extension based on a concern that it would affect the sun received by her flower garden and the access to the bank area to maintain the screening, particularly with the new plantings. Given our conclusion that the noise levels were acceptable, we conclude that it is difficult to justify the cost of extending the fence simply on the basis of potential noise attenuation. We accept the experts do not agre...

10. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

    ...IN THE EMPLOYMENT COURT AUCKLAND AC 15/07 ARC 40/04 IN THE MATTER OF de novo challenge to determination AND IN THE MATTER OF application for security for costs and/or a stay of proceedings BETWEEN LINDA GATES Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 27 March 2007 (Heard at Auckland) Appearances: Linda Gates, plaintiff Kevin Thompson, counsel for defendant Judgment: 27 March 2007 ORAL INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS...