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1. LCRO 95/2023 JV v FA (8 October 2024) [pdf, 177 KB]

   ...[19] Dr JV’s submissions were supported by Mr XW, Dr JV’s supervising partner. It was Mr XW’s view that Dr JV was a practitioner who was assiduously attentive to his obligation to preserve client confidentiality. [20] Further submissions filed by Mr FA (5 September 2022, 6 December 2022, 14 February 2023 and 17 April 2023) reinforced his view that: (a) he had not been informed of likely disbursement costs; and (b) Dr JV had failed to protect his privacy; and 6 (c) Dr JV w...

2. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ................................................................................................ 31 Page | 4 PROCEDURAL ISSUES [1] This claim was originally heard in the Tribunal in August 2010. An appeal was filed against the determination and the High Court1 dismissed two of the four affirmative defences run by the respondents. The High Court referred the remaining issues back to the Tribunal for determination. The...

3. Waitangi Tribunal - remaining historical claims update [pdf, 2.8 MB]

   ...option that the Tribunal will consider if it has the support of most claimant groups in the district. 7. I note the Tribunal has recently received three formal requests to convene a North- Eastern Bay of Plenty district inquiry. The first request, filed on behalf of the Wai 1092, 1421, 1758 and 1787 claimants, was received on 3 May 2016. The second request, filed on behalf of Wai 87, was received on 6 May 2016. The third request, filed on behalf of the Wai 1781 and 1795 claimants, was rec...

4. Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151) [pdf, 275 KB]

   ...the proceeding [3] The Matoa, Whara and Te Karaka Ahu Whenua Trust (“the trust”) administers the Matoa, Whara and Te Karaka blocks. 2 These blocks are Māori freehold land and are located near Kerikeri. [4] On 07 October 2016, Rose Dudley filed an application on behalf of the Ngatote Eruera Pirini & Ngawai Erika Akuhata Whānau Trust (“NEPNEA”) seeking: (a) A review of the trust; (b) To enforce the obligations of the trustees; and (c) An urgent injunction against t...

5. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...had been made to inquire into the matter pursuant to s 137 of the Act. [24] The Committee exercised its power to request and obtain the following information from Mr IJ, pursuant to s 147 of the Act (the s 147 request): (a) A copy of his entire file. (b) Copies of all records relating to funds received from or on behalf of Mr KL. (c) An explanation of how the firm dealt with or retained funds from or on behalf of Mr KL, given that it does not operate a trust account. (d) An ex...

6. Jenkins v Matauri X Incorporation - Matauri X Incorporation (2005) 101 Whangārei MB 100 (101 WH 100) [pdf, 4.8 MB]

   ...& s.280 of Te Ture Whenua Maori Act 1993 by Marcellus Jenkins on behalf of the Hazel Jackson Whanau Trust Applicants AND IN THE MAHER OF INTERIM DECISION The Matauri X Incorooration Respondents. On 30 August 2002, Marcellus Jenkins filed an application (subsequently amended on 19 May 2003) on behalf of the Hazel Jackson Whanau Trust seeking an investigation of the affairs of the Matauri X Incorporation. The Whanau Trust (' the applicants') has 10.526 shares in...

7. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...1 30 Mercer MB 316 (30 M 316). 188 Waikato-Maniapoto MB 145 [14] The Hemi gate is the subject of the current application before me. Procedural history [15] On 14 August 2018, the applicants, Lucy Donaldson and Elliot Donaldson, filed an application seeking a permanent injunction requiring the removal of all barriers blocking and preventing access and use of Whaanga 1D 1D Roadway. [16] The application first came before the Court on 26 September 2018, with both parti...

8. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

   ...that we may have missed, including any unintended consequences? 19 Appendix 1: Criminal case process for category 3 offences ADMINISTRATION STAGE 1. Offence alleged Defendant summoned to court, arrested or bailed Charging document filed by the prosecution 2. First appearance in court Initial disclosure, name suppression, bail Defendant: legal aid application; lawyer instructed Criminal Procedure Rules 2012: Time between first and second appearance not to be longe...

9. [2024] NZEnvC 212 Gisborne District Council v Ernslaw One Limited [pdf, 1.2 MB]

   ...basis for the orders and the Respondents’ initial opposition to them, I record that the evidence supporting the Council’s position was not tested in a hearing. Background [3] On 21 November 2023, the Gisborne District Council (the Council) filed an application for enforcement orders against Timbergrow Limited, Chiong Yong Tong and Ernslaw One Limited (together, the Respondents) relating to the plantation pine forest known as “West Ho Forest” at West Ho Road, Tolaga Bay (Le...

10. Derham v Accident Compensation Corporation (Gradual Process Injury; Suspension of Entitlements) [2025] NZACC 026 (17 February 2025) [pdf, 246 KB]

    ...which I set out in full. [8] Mr Derham has a number of historical back claims, including for back injuries suffered on 8 August 2013 and 21 November 2016. The current claim relates to an accident event on 14 February 2022. In addition, he has filed a work-related gradual process claim in relation to his back condition. [9] Mr Derham was certified unfit immediately after the 14 February 2022 accident and weekly compensation payments commenced. [10] Over the following months, Mr...