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1. Davis v ACC [2012] NZACA 1 [pdf, 173 KB]

   ...it was in anticipation of that being the case that Counsel for the Appellant made submissions seeking a sum of costs which reflected the costs arising for this appeal when she contended that if the respondent had correctly considered its own files the appeal would not have been necessary. [30] The question of costs is entirely a discretionary matter for the Authority to consider, and whilst Counsel for the Appellant has advised that the costs of attendances in relation to the appe...

2. Canterbury Westland Standards Committee 3 v Sullivan [2016] NZLCDT 13 [pdf, 53 KB]

   ...that had been made with the respondent was something that it could accept without a hearing. It accordingly directed a hearing indicating that the proposed penalty was not necessarily acceptable to it. The Tribunal required the respondent to file an affidavit of assets and liabilities prior to the hearing. 3 [5] The hearing as to penalty occurred on 29 April 2016 at which the Tribunal imposed the following orders: (a) Suspension for three years; (b) Censure; (c) Paymen...

3. [2016] NZSSAA 019 (11 March 2016) [pdf, 37 KB]

   ...they may provide a more accurate indication of the appellant’s income. Unfortunately, these accounts were not available when the Ministry requested them or at the time of the hearing. All that is required is the financial accounts prepared for filing with the Inland Revenue Department. In the circumstances, the appeal is adjourned for the appellant to provide the accounts that she has provided to the Inland Revenue Department for XXXX Ltd and the XXXX Trust for the year ending 31 Mar...

4. HF v SZ LCRO 186 / 2009 (16 January 2012) - Publication Decision [pdf, 62 KB]

   ...publication of his name in LawTalk. The matter concerned the Practitioner having taken instructions for a will and enduring powers of attorney from a client whose legal competency was in question. [2] In March 2010 I considered the review application filed by the Practitioner and upheld the Committee’s finding that there had been unsatisfactory conduct. [3] I did not conclude my review at that time insofar as the review application also extended to the Committee’s order on p...

5. [2016] NZEmpC 164 Edminstin v Sanford Ltd [pdf, 101 KB]

   ...Appearances: J Katz QC, counsel for plaintiff P Wicks QC and K Dunn, counsel for defendant Judgment: 12 December 2016 ORAL INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] There are two interlocutory applications filed late last week that need to be decided as preliminary matters. Another interlocutory application calling for the production to the Court of a device known as a Koden GPS plotter (together with associated ancillary hardware or software),...

6. ENV-2016-AKL-000xxx North Eastern Investments Limited Heritage Land Limited v Auckland Council [pdf, 138 KB]

   ...conference. P a g e | 7 MR-127353-10-1564-V1:MR DATED at Palmerston North this 16 th day of September 2016 ______________________________ John W Maassen Counsel for NEIL This document is filed by JOHN WILLIAM MAASSEN, Solicitor for the abovenamed Appellant of the firm CR LAW. The address for service of the abovenamed Appellant is 227 Broadway Avenue, Palmerston North. Documents for service on the abovenamed Appellant ma...

7. The Crown - Hereheretau B2M (2008) 124 Wairoa MB 119 (124 WR 119) [pdf, 197 KB]

   ...respect of Hereheretau 82M in the first instance. [22] Subsequently no submissions have been received in respect of part Hereheretau B2 although it was stated that the application was not contentious. [23] As a result I invite the parties to file submissions in relation to the part Hereheretau B2 application by 21 November 2008, If no opposition is received I will deal with that application in Chambers. 125 124 Wairoa MB 126 [24] If there is opposition the application will b...

8. Wang v Fu [2017] NZIACDT 24 (28 November 2017) [pdf, 157 KB]

   ...the money. [3] Mr Fu disputed the factual allegations when the complaint arose and contended that he complied with his professional obligations. The Tribunal gave Mr Fu the opportunity of presenting his case at an oral hearing. The complainant filed an affidavit supporting her evidence, in anticipation of giving evidence at an oral hearing. However, the Tribunal abandoned the oral hearing, as Mr Fu did not comply with the timetable for the hearing. [4] The Tribunal has upheld the...

9. Pook v Gage – Mangaroa Block and others (2018) 186 Waiariki MB 32 (186 WAR 32) [pdf, 247 KB]

   ...restricted to a person elected to a new term or includes a person elected due to a casual vacancy. [4] After hearing from the parties on how to progress, I considered that these matters could be determined on the papers. I provided the parties time to file any further submissions and evidence. [5] I now consider each of the relevant issues. 1 Pook v Gage – The Proprietors of Mangaroa & Other Blocks Incorporated (2017) 168 Wa...

10. Hina - Ihupuku G (Ihupuku Pa) Māori Reservation (2018) 385 Aotea MB 1 (385 AOT 1) [pdf, 317 KB]

    ...of beneficiaries was held on 24 March 2018 at Te Ihupuku Marae. At that hui, it was agreed that the existing trustees should stand down from their positions and nominations were held for replacement trustees. Following that hui, Vanessa Higgie filed an application to replace the existing trustees. 385 Aotea MB 2 [3] Both applications were heard before me on 16 May 2018 where Ms Hina expressed her continued concerns about the administration of the trust. I also heard from existi...