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1. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

   ...further discussions were undertaken and that the matter was heard before the Court. I was therefore surprised to learn that the drop had proceeded when the application was still extant. While I acknowledge that it was probable even at the time of filing that the application would not succeed, the Registrar informed me that, according to the Board, the application of 1080 poison would not occur until Mr Livingstone had been given the opportunity to argue his case. [17] That said, i...

2. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

   ...sustained. 5 Ibid, pp33-36 6 Ibid, pp36-38 22 Waiariki MB 51 [11] The interim trustees have now been in office for twelve months and during that period, based on the reports that have been filed with the Court, have amassed a considerable amount of institutional knowledge as to the current operation of the Trust and the challenges mentioned. [12] In this context I refer to the decision of the Court of Appeal Clarke v...

3. Li & Gao v CAC 408 & Riley & Loughran [2016] NZREADT 31 [pdf, 146 KB]

   ...in the dwelling has been addressed in solicitors’ correspondence, particularly in a letter from Glaister Ennor dated 12 February 2016, which is referred to in, but not included among, the correspondence annexed to the affidavit of Claire Greaney filed in support of the appellants’ application. It is put that the dwelling has been incorrectly described in a report by an undisclosed author as being “monolithic type” when plainly (Mr Rea asserts) it is not. He also puts it that is...

4. JK v Molloy LCRO 155/2013 (14 April 2016) [pdf, 151 KB]

   ...Standards Committee decision at [28]. 2 Rod Vaughan “New Zealanders shafted by fraudulent justice system says top QC”. National Business Review, 29 August 2012. Analysis [126] Mr JK confirmed at the review hearing that, while he had not filed written submissions as directed, if he were to do so, written submissions “would literally be a re-wording of the material on the file already”. He argues that this review can have one of only two possible outcomes: either Mr M...

5. [2016] NZSSAA 025 (8 April 2016) [pdf, 57 KB]

   ...appellant were matters of evidence for the appellant. The appellant did not attend the hearing to give evidence, despite a previous adjournment, ample notice of hearing and being offered the possibility of having the hearing in Christchurch. He has filed an affidavit since the hearing. There has been no opportunity to question the appellant in person about the contents of his affidavit. 5 [20] The first issue we must consider is whether the overpayment occurred as a result...

6. CO v IBU [2011] NZIACDT 4 (14 February 2011) [pdf, 85 KB]

   ...point in the process, so the Adviser sought to advance the process further so it could be tested on appeal. The Complainant in an email of 3 2 June 2009 advised he had decided not to proceed with that course, it appears largely due to the filing fees for lodging the application, and potentially an appeal. [10] The Adviser, through her counsel, had provided a response to the complaint, and the material supporting it. Her position was said to be correct, for reasons that are di...

7. CO v DSI [2011] NZIACDT 5 (14 February 2011) [pdf, 85 KB]

   ...point in the process, so the Adviser sought to advance the process further so it could be tested on appeal. The Complainant, in an email of 3 2 June 2009, advised he had decided not to proceed with that course, it appears largely due to the filing fees for lodging the application, and potentially an appeal. [10] The Adviser, through his counsel, had provided a response to the complaint, and the material supporting it. His position was said to be correct, for reasons that are d...

8. NG v THZ [2013] NZIACDT 69 (22 October 2013) [pdf, 104 KB]

   ...Tribunal has determined there is no foundation for any of the grounds of complaint, or for a finding of wrongdoing on the part of the adviser. Accordingly, the Tribunal has dismissed the complaint. THE STATEMENT OF COMPLAINT [9] The complaint has been filed by the Registrar, in the form of a Statement of Complaint. It contains the following information. Material facts [10] The Registrar identified the material facts that founded the complaint in his Statement of Complaint in the fol...

9. AA v ZZ LCRO 156 / 2010 (24 January 2011) [pdf, 100 KB]

   ...spent a considerable amount of time with her client and being fully aware that she was a resident at X, would undoubtedly have had at the back of her mind a question concerning competency. [29] I have reviewed all of the information on the file, and given careful consideration to both the Applicant‟s views and that of the Practitioner. I accept that the Applicant holds strong views about L‟s competency but I have seen no evidence on the file that demonstrates that L lacked...

10. Samuelu v Aasa [2014] NZIACDT 67 (30 May 2014) [pdf, 190 KB]

    ...Code). [13] She faces allegations of negligence, incompetence, dishonest or misleading behaviour, and breaches of the Code. [14] She received a statement of complaint lodged by the Registrar and the Tribunal put her on notice she was required to file a statement of reply if she disputed the contents of the statement of complaint. The Tribunal pointed out the potential findings open to it on the evidence in the interim decision. [15] The adviser has provided no meaningful response to t...