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1. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...raised in the 19 February 2018 notice. Henry Phillips, with support from his brother Alexander Phillips, therefore applied to terminate the Trust. Ngā kōrero mo te tono nei Procedural background [8] The application to terminate the Trust was filed by Henry Williams Phillips and is dated 12 April 2019. A copy of the application was forwarded to all of the trustees of the Trust on 23 April 2019. Henare King, the chairperson of the Trust, filed a response to the application on...

2. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 37 [pdf, 276 KB]

   ...of unsatisfactory conduct in respect of the particulars pleaded under this charge. Summary of Findings [90] We find both Charges 1 and 2 proved to the level of unsatisfactory conduct. Directions 1. Counsel for the Standards Committee is to file submissions as to penalty within 14 days. 2. Counsel for the respondent practitioner may have a further 14 days to file submissions in reply. 3. Counsel are to confer as to whether a hearing is required or the matter can be determin...

3. LCRO 37/2018 AH v OO (12 November 2019) [pdf, 166 KB]

   ...title to the properties. The law required that such a condition be memorialised on the certificate of title and the failure to do so was a responsibility that lay with LINZ or its predecessor. Delays/cost escalation [27] Having reviewed Mr OO’s files “the Standards Committee concluded that the key reasons for the time and cost escalation lay primarily with the [[Local]Council] and the conditions it imposed upon the resource consent”.7 [28] The Committee also noted that delay...

4. SN v D Ltd [2022] NZDT 168 (4 October 2022) [pdf, 283 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

5. [2023] NZEnvC 057 Brial v Queenstown Lakes District Council [pdf, 279 KB]

   ...B The appeal is disallowed to the extent that the grant of consent for subdivision and associated activities at the Site is confirmed subject to the modified conditions as ultimately proposed by the applicant. C: Directions are made for QLDC to file for the court’s endorsement the consents with relevant conditions updated. D: Costs are reserved. E: Directions are made for counsel to confer and file proposed timetable directions for all remaining matters. REASONS Introduction...

6. [2022] NZACC 56 – Ajayi v ACC (5 April 2022) [pdf, 214 KB]

   ...related to a gradual process of tenosynovitis but this was not the case for Mr Ajayi. He may have other causes of pain generation such as from posterior subtalar joint arthritis. [40] On 13 May 2021, in response to Mr Pai’s report, Mr Ajayi filed a document entitled “Personal response to Mr Vasudeva S Pai’s 12th April 2021 paper file review”. On 10 June 2021, Mr Ajayi filed a treating practitioner’s report prepared 9 by Mr May Mak, Orthopaedic Surgeon, dated 4 Decem...

7. Greenslade v Commissioner of Police (Privacy Act) [2021] NZHRRT 54 [pdf, 184 KB]

   ...mirrors Inspector Saunders’ views, namely that the Police were of the opinion that Mr Greenslade would not be able to meet the typing standard as evidenced by the typing test due to his dyslexia and cognitive ability. [24] This claim was originally filed under the PA. On 1 December 2020 that 1993 Act was repealed and replaced by the Privacy Act 2020. The transitional provisions in Privacy Act 2020 Schedule 1, Part 1, cl 9(1) provide that these proceedings must be continued and compl...

8. Auckland Standards Committee 2 v Johnson [2022] NZLCDT 28 (19 August 2022) [pdf, 233 KB]

   ...the ethical rules of his profession. 9 [38] If he wishes to remain positively and productively engaged in the profession, he will need to rethink his approach. Directions 1. As agreed at the hearing, the Standards Committee is to file its submissions on penalty by 17 August 2022. 2. Counsel for the respondent is to file submissions on penalty by 24 August 2022. 3. The matter is to be allocated a half day hearing for 29 August 2022, pending confirmation of venu...

9. TR v Accident Compensation Corporation (Cover Issues) [2023] NZACC 027 [pdf, 278 KB]

   ...5.15pm, with the appellant not having completed her submissions in reply. The hearing was resumed and completed on 31 January 2023. Appellant’s Submissions [30] Prior to the commencement of the hearing on 14 December 2022, the appellant had filed submissions and 18 appendices referring to documents, medical records, medical articles, medical opinions and comments. Subsequent to 14 December 2022, the appellant filed two further appendices, 19 and 20. [31] In her submissions on...

10. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees [2024] NZHRRT 4 [pdf, 219 KB]

    ...information was provided on 8 April 2020 (although this turned out to be a subset 3 of the January 2020 information) and on 14 April 2020 a further 49 emails were released to Mr and Ms Cunliffe. THE CLAIM [9] In November 2020 Mr and Ms Cunliffe filed this claim against the Board, claiming that the Board interfered with their privacy by refusing to provide the personal information that they had requested on 15 October 2018, 28 October 2018 and 28 January 2019. [10] The Board in...