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1. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...potentially justify an adverse disciplinary finding against the adviser: [4.1] When he lodged the s 61 request, the adviser failed to adequately particularise the grounds for the request; and [4.2] The adviser was not sufficiently expeditious in either filing the request or reporting to his client. [5] There is no significant factual dispute regarding the matter. The issue essentially turns on a question of judgement as to whether the adviser’s actions in the circumstances were ap...

2. [2020] NZEmpC 182 FVB v XEY [pdf, 203 KB]

   ...the Court of Appeal was dealing with an application for an order under s 200 of the Criminal Procedure Act 2011, and the applicant was young and with characteristics not present here, the risks identified arise more broadly, especially in high profile cases or on topics that are of public concern, which would include where sexual harassment has been alleged. There are competing submissions [14] The plaintiff’s key submission, and the reason for the challenge, is that publicati...

3. [2021] NZEnvC 046 AK Rental and Investments Ltd v Auckland Council [pdf, 556 KB]

   ...memorandum from the Council advising the Court that AK Rental has no right of appeal pursuant to s 120(1A) of the RMA (as it was prior to 30 September 2020). As there is no right of appeal the Council seeks that the appeal be struck out. [3] AK Rental filed submissions in response and in opposition to the Council's position on 19 January 2021.1 In order to address the issues raised by the Council concerning the right to appeal a Judicial Telephone Conference was convened.2 Fo...

4. SG v H Ltd [2020] NZDT 1327 (29 October 2020) [pdf, 196 KB]

   ...repaid. In 2015, Mr G advanced $7,025.29 to the company to cover an advance to a customer, but due to an oversight, was not paid back. Mr G resigned as a director in October 2017. Now that he has become aware of the advance that was not repaid, he has filed a claim seeking repayment of this sum. 3. H Limited defends the claim primarily on the basis that Mr G signed a confirmation at the time he resigned as a director that the company does not owe him any money, and that he has no ot...

5. LCRO 218/2018 GB v JV (20 March 2019) [pdf, 141 KB]

   ...some urgency on his part in declaring the agreement unconditional, due diligence, and confirming satisfaction of the due diligence condition to the purchaser, should not have been done “willy nilly”. [5] Mr GB says Ms JV has not provided any file notes to support the position she advances. He considers Ms JV should be found to have committed serious misconduct for failing to take full and informed instructions from him before confirming the agreement was unconditional. Mr GB...

6. Adults convicted and sentenced data notes and trends December 2020 [pdf, 274 KB]

   ...onwards. However, this legislative change is too small to fully account for the drop in adults charged in 2020. Further, there is still a small number of 17-year olds with finalised charges in the adult data in 2020, as their charges were filed before 1 July 2019 (about 1,000 charges for about 250 17-year olds). The decrease in the number of adults charged also follows a decrease in the rate per 10,000 adults. In 2020, 165 adults (aged 18 years or more) were charged for ev...

7. Pine - Estate of Waina Nicholson (2017) 58 Takitimu MB 123 (58 TKT 123) [pdf, 273 KB]

   ...made. He signalled that if the Will was not valid the intestacy provisions would apply. The proceedings were then adjourned for six months to enable the applicant to apply for probate and validate the Will. [16] In the present case the applicant filed the succession application on the basis that no Will existed. He sought to have Waina Nicholson’s interests vested equally in her siblings. It was not until the matter was heard that the existence of a Will was made known to the...

8. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

   ...applicant rather than the respondent, which correction was made. [6] The Court directions required filing of any application for costs by 30 March, reply by 14 April and any final reply by 21 April 2017. The Council's application for costs was filed in accordance with the directions, and no response has been received. Accordingly the Court now moves to consider the question of costs. [7] The general principles as to costs are well established and it is not necessary to recite...

9. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...all three charges. The Tribunal records that Ms Gai voluntarily suspended her licence in May 2015. [3] At a telephone conference on 3 February 2017, Ms Gai confirmed her admission of the charges and advised that she accepted the summary of facts filed on behalf of the Committee. Ms Dai agreed that penalty would be determined on the papers, on the basis of the agreed summary of facts, submissions as to penalty filed on behalf of the Committee, and submissions on her own behalf....

10. [2020] NZEmpC 229 Lorigan v Infinity Automotive Ltd [pdf, 223 KB]

    ...Background [2] There are a number of unresolved proceedings before the Court which, either by challenge or removal, relate to issues first considered in five determinations of the Employment Relations Authority. [3] Since the various proceedings were filed in this Court, a number of interlocutory issues have had to be dealt with; to this point, seven interlocutory judgments and one costs judgment have been issued.1 [4] The background circumstances giving rise to the parties rela...