Search Results

1. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...55, [2009] 1 NZLR 1 at [55]. [31] The Registrar’s statement of complaint assembled the relevant documentation, and it is not contentious in terms of the nature of the material. Ms Shadforth requested that the Registrar add to the material filed initially, which she did. Ms Shadforth did not challenge the genuineness of the documents, who received the emails, or the public nature of her internet posting. [32] Ms Shadforth accepted the relevant roles identified in the statement...

2. Carey Clan Trust v Still [pdf, 100 KB]

   ...the Council’s allegation that their only involvement was to issue the Code Compliance Certificate. CGAF say that the only entity that had the statutory authority to issue a certificate was the Council. It was its responsibility to review the files and issue instructions to CGAF. The Council did review the files and Mr Wickman issued instructions. 26. The Council say they relied on certificates, documents and the statement of compliance supplied to it by CGAF. CGAF say all they de...

3. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...event), and continued after the District Court proceedings and the first charge being laid. It is not open to Mr Tucker to rely on previous good character. Submissions for Mr Tucker [18] We note, first, that an affidavit sworn by Mr Tucker was filed with his counsel’s submissions on penalty. In large part, Mr Tucker repeated what he had said at the hearing of the charges; in particular, the explanations he gave for particular actions, and his denial of conduct that the Tribuna...

4. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...determination. There is a clear accord and satisfaction. Ms Packwood is therefore estopped from proceeding with her personal grievance by way of a challenge to the consent determination. [97] Ms Packwood’s challenge is struck out. [98] The issue of filing a statement of defence is no longer relevant. I dismiss the application made in that regard. 25 Above at [30]. [99] I reserve costs. My provisional view is that...

5. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...Poukura Marae was to be convened on or before 31 March 2019.1 That meeting has now been held and an election has been conducted. Following the announcement of the results at the marae, several submissions from concerned beneficiaries have been filed as to the conduct of the meeting by Court staff. In summary, two specific concerns were raised. First, that there were insufficient voting forms which resulted in hand written forms being used thereby raising questions as to the inte...

6. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...with which he proposed to engage during the period of his suspension. In summary these were: 1. Assisting in a search for new premises for the firm. 2. Being involved in staff employment and general management of the practice. 3. Archiving of files and ensuring wills and trusts were up to date. 4. The pursuit of continuing legal education. 5. Assisting with the “final wind-down of a nominee company”, as had been anticipated by the Tribunal in its decision. [18] In response...

7. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

   ...CV’s omissions; and (k) [LF1]’s acknowledgement that it had made errors accompanied by concession to reducing its account did not adequately address the consequences of their mistakes. [12] Mr DU and Mr CV provided response to the complaint filed on 7 November 2019. They submitted that: (a) they had acted in accordance with their obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) they had acted at all time...

8. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...brought her materials to work and took them into the interview room where she was later to sit the exam. She undertook some last-minute study, having loose pages from the workbook loose leaf folder spread out on the small desk. There were client files on the desk too. She had lunch at the interview room desk. [14] When Mr Z brought in the examination papers, we find she pushed the loose workbook materials away. She may have slid some back into the loose leaf folder, unbound. But...

9. Insley v Insley - Awanui Haparapara No 2B No 1B Sec 2 [2023] Chief Judge's MB 323 (2023 CJ 323) [pdf, 416 KB]

   ...mailto:jkahukiwa@corbanrevell.co.nz mailto:hemi@pikimai.co.nz 2023 Chief Judge’s MB 324 Hei tīmatanga kōrero Introduction [1] On 27 April 2021 Alexandra Insley, Christopher Insley, Anthony Insley and Peter Insley (“the applicants”) filed this application pursuant to s 45 of Te Ture Whenua Māori Act 1993 (“the Act”). The applicants seek to amend occupation orders made at 12 Waiariki MB 267 on 31 March 2010, for Michael Paratene Insley, and at 77 Waiariki MB 141-...

10. Jordon v Accident Compensation Corporation (Cover and Entitlements) [2023] NZACC 202 [pdf, 264 KB]

    ...as a consequence of either the 1996 or the 2008 accidents. [12] On 11 September 2008, the Corporation issued a decision suspending the appellant’s entitlement on the 1996 claim on the basis of Dr Timmings’ advice. A review application was filed against that decision, but a review hearing was not set down within the required 3 months- which meant that there was a deemed review decision in the appellant’s favour and the suspension decision was set to one side. [13] In 2009, t...