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1. LCRO 58/2017 EB v AD and BD [pdf, 368 KB]

   ...accounts could be approved before final distribution. BD said that had these accounts been provided then he would have picked up the issue of rates apportionment. [28] BD said that apportionment of rates is “basic conveyancing”. Missing files [29] BD said that he and his brother had to urge Mr EB to pursue the issue of file notes that were missing from the files he uplifted from their mother’s former solicitors. BD said that Mr EB “showed no particular concern over the m...

2. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...since he has not come to the Court with clean hands. Alternatively, Ms Sykes contends that if the application is to proceed, security for costs along with further and better particulars will be required. This is because, she argues, the evidence filed by Mr Karena to date falls well short of what would be required for the orders that he seeks. In addition, counsel claims that the trust has previously had to pay costs for earlier actions of Mr Karena in seeking the convening of me...

3. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...Neeson JP, Member REPRESENTATION: Mr KH Tan in person Ms K Laurenson and Ms E Devine for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 February 2016 DECISION OF TRIBUNAL DECLINING NON-PARTY ACCESS TO TRIBUNAL FILE1 Introduction [1] By statement of claim filed on 14 October 2015 Mr Tan complains of the decision by the Ministry of Social Development (MSD) to the effect that payments made to him under the New Zealand Superannuation and Retireme...

4. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 2 Reference No. HRRT 024/2012 UNDER THE HUMAN RIGHTS ACT 1993 IN THE MATTER OF AN APPLICATION BY A NON-PARTY FOR ACCESS TO THE TRIBUNAL FILE BETWEEN IHC NEW ZEALAND PLAINTIFF AND MINISTRY OF EDUCATION FIRST DEFENDANT AND SECRETARY FOR EDUCATION SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr RK Musuku, Member REPRESENTATION:...

5. Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 [pdf, 72 KB]

   ...vexatious or the information requested is trivial). [4.3] The obscuring of information by the watermark was inadvertent. The obscured information was re-provided to Mr Taylor on 9 March 2015 with an apology. Case management steps regarding the filing of evidence [5] Following a teleconference held on 19 August 2015, the Chairperson issued a Minute of that date requiring (inter alia) Mr Taylor to file his statements of evidence by 2 October 2015. A single statement (for Mr Taylor him...

6. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

   ...information, it would do so since it was necessary to protect Client A from further abuse of her privacy. This step would be taken pursuant to r 11(2)(h)(i) of the Health Information Privacy Code 1994. As a result, I directed the Bay of Plenty DHB to file an affidavit from a person who had knowledge of Client A’s clinical records which would annex the documentation that confirmed the legal provisions relating to Client A’s mental health status. The parties were given an opportu...

7. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

   ...C. The third respondent is directed to file and serve an undertaking to the Court by its principal, Graham Michael Everson, to comply with the' abatement notice issued to him by 1 December 2017. D. If any of the undertakings directed to be filed and served is not filed with the Court by 1 December 2017, then the Court will review this decision under s294 of the Act. E. The applicants are directed to file and serve a report on related proceedings and any further steps they pro...

8. LCRO 186/2016 KS v WX (20 July 2018) [pdf, 188 KB]

   ...[5] Mr KS has applied for a review of the determination. Background [6] On 21 February 2014, Mr KS rendered an account to ABC Ltd for “professional services in relation to the above including attendances 21 January 2010 over five separate files”.1 The amount of the fee was $16,845 plus GST and disbursements (total $19,695.05). [7] On 19 November 2014, Mr WX’s lawyer (Mr BF) wrote to Mr KS to formally raise concerns held by Mr WX. He referred to the fact that Mr WX had...

9. Collier - Torere Reserves Trust (2020) 241 Waiariki MB 13 (241 WAR 13) [pdf, 261 KB]

   ...invaders, allowing the Ngaitai people to seek refuge inland. In more recent times, the conflict has evolved into issues of access for the blocks of land that sit inland from Owhainene Reservation. [2] On Friday 4 September 2020 I heard an application filed by Heke Collier, seeking an urgent injunction to stop Torere 64 and its invitees from trespassing on Owhainene, a wāhi tapu set aside as a Māori Reservation. The injunction was opposed by Jackie Mihaere; Muriwai Jones; Ripeka...

10. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

    ...Advisers Licensing Act 2007 (the Act). It is also alleged that he breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code), not just in respect of the false signature but also due to the absence of a client agreement and proper file documentation. BACKGROUND [4] The adviser is self-employed, trading under the name Ashar Joseph. He is a licensed immigration adviser. [5] In July 2017, the complainant and her husband engaged Mr Joseph for assistance with their...