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1. Cottrell - Wharerangi 9 and 10 Blocks (2021) 91 Takitimu MB 85 (91 TKT 85) [pdf, 221 KB]

   ...test have been satisfied. However, it is unclear, based on what is before the Court at present, whether there had been notice of the intention to amend the charter when the general meetings were called. [17] I therefore direct the trustees to file a copy of the notices of the general meetings referred to by Mr Cottrell to ascertain whether there had been notice of the proposed change to the charter. If there has not been notice, and while I note the charter is silent on the issue,...

2. [2021] NZEmpC 143 Fleming v Attorney-General [pdf, 189 KB]

   ...The Court’s judgment is now subject to cross-applications for leave to appeal to the Court of Appeal. Remedies have yet to be decided. [2] An application for a stay of proceedings and orders in the nature of a stay of proceedings has been filed on behalf of the first and second defendants. It has two limbs. First, that remedies should be decided after the appellate process has come to an end. Second, that a stay/interim relief should be granted making it clear that the first...

3. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...matter only, is insufficient to reverse the determination of the Committee. Mr OH can challenge the objectivity of Mr BV’s report before the Tribunal. [18] It is difficult to identify the relevance of Mr OH’s comments as to the state of the files relating to Mr GCs’ relationship property matters uplifted from Mr W BV, and the fact that Mr GC asked him to assist in locating an alternative lawyer. Conclusion [19] None of the conduct referred to by the Standards Committee and...

4. Overview for interpreters about common jurisdictions in the Courts and Tribunals [pdf, 184 KB]

   ...LCRO provides independent oversight of, and reviews decisions made by the Standards Committee of the New Zealand Law Society and the New Zealand Society of Conveyancers. Accident Compensation Appeals District Court Registry Authority If someone files a claim with the Accident Compensation Corporation (ACC) and disagrees or is unhappy with the decision they made, they can apply for ACC mediation or an independent review by the Accident Compensation Appeals Authority. Immigration Advi...

5. [2022] NZREADT 17– Zhang v REAA (31 August 2022) [pdf, 175 KB]

   ...(Member) P N O’Connor (Member) Representation: The applicant: Self-represented The respondent: T Wheeler, counsel DECISION Dated 31 August 2022 2 INTRODUCTION [1] Zhi Zhang, the applicant, has filed an application under s 112 of the Real Estate Agents Act 2008 (the Act), for review of the Registrar’s determination on 24 May 2022 to cancel her licence. [2] The Registrar cancelled Ms Zhang’s licence under s 54(d) of the Act, becau...

6. [2022] NZACC 123–Soulsby v ACC (27 June 2022) [pdf, 211 KB]

   ...make oral argument in support of his written submissions lodged for this appeal. However, paragraph 8(1)(d) of the Guidelines to Practice and Procedure for Accident Compensation Appeals in the District Court states that: “once submissions are filed the application for leave to appeal will be determined by a judge on the papers”. This Court sees no reason to depart from this provision in this case, in view of the discussion below. Judge McGuire’s judgment of 5 November 2021...

7. [2022] NZACC 136 - Estate of Marupo v ACC (19 July 2022) [pdf, 206 KB]

   ...2020, ACC’s decision was upheld on review. Submissions on behalf of the appellant [10] In her written submission, Ms Te Kani says: I submit that the decision to decline for financial aid in February 2020 by ACC is wrong. Therefore I have filed an appeal. [1] My reason for this is the deceased never had any cardiovascular issues in the 18 years we have been with Gate Pa. [11] Ms Te Kani produced a letter of confirmation from GP, Dr Esterman, that as a patient at Gate Pa Me...

8. [2021 NZACC 160 – Murphy v ACC (11 October 2021) [pdf, 158 KB]

   ...152/19, 30/20 J Murphy v ACC in the High Court. [12] The Registry treated the application for leave to appeal and has proceeded on that basis. Analysis and Discussion [13] I have considered the submissions and further evidence that Mr Murphy has filed with the Court. Mr Murphy’s submissions are wide ranging and deal with matters which were not in front of Judge McGuire. They do not identify any questions of law which can be said to arise from the judgment. At best, it is an a...

9. [2022] NZEnvC 013 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 755 KB]

   ...identified in the original maps attached to those submissions, are reproduced in the court’s decision as Appendices A and C respectively and for convenience are attached as Appendix 1 to this determination. [4] On 17 January 2022, the parties filed a joint memorandum alerting the court to a clerical error contained in the decision. The error is incorrect legal descriptions in orders A(1)(b) and (2). Correction sought [5] Orders A(1)(b) and (2) read: 1 Resource Manag...

10. [2021] NZEmpC 111 AJH v Fonterra Co-Operative Group Ltd [pdf, 194 KB]

    ...and other documents are in their previous name. [6] Fonterra neither opposes nor supports the application. It says that it considers this to be a matter for resolution between the applicant and the Court. [7] The applicant was invited to file submissions in support of their application. Initially, they advised that, because Fonterra did not raise any issue with the application, they had no submissions to make. The Court registry advised AJH that the Court would still need t...