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1. AQ v ZF LCRO 243/2012 (26 March 2014) [pdf, 138 KB]

   ...a complaint, receiving notice of the complaint from the NZLS Complaints Service does not constitute Notice from the Standards Committee for the purposes of s 141. [65] The sequence of events that are relevant to the decision begins with Ms ZF filing debt recovery proceedings against the AQs on 7 February 2011. NZLS processed the complaint about Ms RW’s conduct, and Ms ZF kept NZLS appraised of the progress of her debt recovery proceeding against the AQs throughout the complaint...

2. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

   ...advised that urgency was not now sought. It was appropriate, therefore, to confirm that the normal time limits would apply for the filing of pleadings before the matter was timetabled for a hearing in the usual way. [7] In due course, AFFCO filed its statement of claim on 29 August 2016. Briefly, it alleges that since May 2015, numerous items have been published and posted on a Twitter account, a website, in a newspaper and on a Facebook page that were unbalanced, untruthful or...

3. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...1993 for variation and a review of the Trust Order Appearances: Mr Anthony Molloy QC Applications for the Trustees of the Wharepuhunga 16B8 Block Mr Steven Clark for the beneficial owners of Wharepuhunga 16B8 Block Two applications were filed in this matter as follows: 1. An application by Tracey Waudby on behalf of various owners of Wharepuhunga 16B8 Block pursuant to Section 238 and 244 of Te Ture Whenua Maori Act 1993, seeking to enforce the obligations of the Trust and...

4. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...Attorney- General nevertheless asserts: [20.1] It is not permissible in these proceedings for IHC to produce in evidence or rely on what was said at the meeting (HRA, s 85). [20.2] Material conveyed to the Ministry and its legal advisers prior to the filing of the complaint with the Commission did not form part of the IHC complaint unless expressly referred to in the complaint. [20.3] Material provided directly by IHC to the Ministry of Education, but not to the Commission following t...

5. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...AND ALLAN HALSE Second Plaintiff AND TRACEY SIMPSON Third Plaintiff AND TURUKI HEALTHCARE SERVICES CHARITABLE TRUST Defendant Hearing: 2-4 June 2020 (Heard at Auckland) Additional submissions filed 15, 18 and 26 June 2020 Appearances: T Braun, counsel for first and second plaintiff T Simpson, third plaintiff in person A Drake, D J Pine and I Shores, counsel for defendant Judgment: 14 October 2020 JUDGM...

6. [2021] NZACC 11 - Murrell v ACC (12 January 2021) [pdf, 229 KB]

   ...L5/S1 facet joint syndrome has been caused by the injury on 04/04/2016. The facet joints appear unremarkable on MRI. No other evidence to suggest that the facet joint changes may have been caused by accident. [32] AGL also sought a file review report from Dr Yarnall, occupational medicine specialist, who, on 17 November 2016, reported. [33] Dr Yarnall concluded: On the basis of the information provided and in particular the report provided by Dr Reeves, it does not...

7. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...distributed to Mrs DM’s family and “facilitated the executors distributing chattels contrary to the terms of the will”.21 [39] The Committee did not consider there had been undue delay in distributing the estate and having reviewed the lawyers’ files, the Committee formed the view that the fees charged by Mr MR and Mrs FR were in order. [40] The Committee noted that advice provided to SA and JM was advice in relation to their role as executors of Mrs ED’s estate and no...

8. Waata v Namana - Hurunuiorangi X3 (2023) 102 Tākitimu MB 263 (103 TKT 263) [pdf, 322 KB]

   ...appointment of Rihi to the Hinana 9B Trust. [6] At that hearing I expressed a preliminary view that I should appoint Rihi but gave the marae trustees an opportunity to file further information supporting their objection. Further information was filed and I responded by way of a Chambers minute and direction dated 25 March 2022. The relevant parts of that minute are as follows: 3 1 56 Waiariki MB 131-132 (56 WAI 131-132). 2 93 Tākitimu MB 159-173 (93 TKT 159-173). 3 95 Tākiti...

9. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...the Authority which it could investigate, there was no substantive claim that was capable of being removed to the Court under s 178(1) of the ER Act. Costs were reserved. Process in this Court [21] The plaintiffs’ challenge was originally filed on 10 November 2021. I held a telephone directions conference with the representatives on 11 November 2021. At that conference, there was discussion as to the form of the statement of claim (incorrectly described as a statement of pro...

10. LCRO 58/2021 EW v YL (29 October 2021) [pdf, 187 KB]

    ...its finding that Mr YL had breached Rules 3 and 6.1, and that Mr YL’s conduct had fallen short of the standard of competence and diligence that Mrs EW was entitled to expect of a reasonably competent lawyer. Application for review [18] Mrs EW filed an application for review on 30 April 2021. [19] Her application is focused on a single issue. She seeks a review of the Committee’s order that Mr YL pay compensation to her in the sum of $1,170.00, being the fees rendered by Mr...