Search Results

1. New Zealand Law Society v Dorbu [2011] NZLCDT 24 [pdf, 102 KB]

   ...which occupied 10 hearing days, was described by us as demonstrating an alarming lack of awareness of his obligations. In the Judicial review proceedings Mr Dorbu’s pleadings were described by His Honour thus: “The applicant’s amended statement of claim in relation to the Barge litigation charges is inchoate. He does not address the charges individually. Instead, he pleads matter of fact, matters of law, and matters of submission. These pleadings are jumbled together. His...

2. Legal aid - Criminal Procedure Act 2011 - consultation [pdf, 313 KB]

   ...“indictable” jurisdictions, introducing four new categories of offences based on penalty. b. New mandatory court procedures, such as completing a Case Management Memorandum (CMM), and some changes to existing activities such as where Formal Statements are provided to the court. c. A default that a trial will be Judge Alone unless jury trial is elected by the Defence. The exception being for Category 4 cases where the default is a jury trial heard in the High Court/ d. R...

3. Wooten v Dorr [2012] NZWHT Auckland 46 [pdf, 142 KB]

   ...per weekly rental reduction of $260 for 21 weeks), interest on the remedial costs and general damages from Mr Dorr, the builder and Mr Kane, the tiler. [8] Mr Dorr and Mr Kane did not attend the hearing and neither has filed a response or defence to the claim. I am however satisfied that Mr Dorr and Mr Kane have both been properly served with notice of the proceedings as well as notice of the hearing dates. The claims against them accordingly proceed by way of formal proof,...

4. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...point aside, Broadspectrum said it was not attempting to refuse to reinstate him and its intention was to comply and avoid further litigation. In this letter Mr Nathan’s right to return to work as a line mechanic was acknowledged. A positive statement was made that he would be returned to active duties as a line mechanic and acting team leader. A meeting was proposed for 5 October 2017 to formulate and agree on Mr Nathan’s duties. The idea was to agree about what work Mr Nathan...

5. Rupapera v Katene - Ngāti Tu 22D Trust (2008) 209 Aotea MB 25 (209 AOT 25) [pdf, 2.2 MB]

   ...breach of trust. He was also paid as a consultant or employee as farm supervisor and so charges of misappropriation of funds and theft as a servant may also be possibilities. On the face of the evidence before the Court, and in the absence of any defence, the second respondent has placed himself in a very precarious pos it ion . I urge him to seek legal advice within the next 48 hours and for his counsel to file a memorandum wi th the Court without delay as to what realisti c proposal...

6. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...Puna’s nonattendance from trust hui, Ms Puna-Mangu also claimed that when she queried with Mr Puna why he had had not attended two trustee meetings, he told her he was too busy. During the hearing, Mr Puna did not deny that he had made such a statement to Ms Puna-Mangu but instead appeared to suggest that he had no clear recollection of their conversation. [21] The previous trust order was issued by the Court in September 1978. Unsurprisingly, it is outdated and likely to be u...

7. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...provided an explanation of Mr Burcher’s transgressions, that the line was not always easy to discern but certainly was much clearer in hindsight. [32] Further, Mr Jones urged us to provide the deterrent aspect of the penalty process by some form of statement of principle concerning legal and trustee work while suspended, rather than imposing a term of suspension on his client, with deterrence in mind. [33] What we would wish to state to members of the profession is that, given t...

8. [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 249 KB]

   ...make written submissions dealing with legal principles relating to the interpretation of the subject agreements and as to interpretation of relevant provisions of the EP Act. MERAS may not deal with the merits of the parties’ claims and defences. (c) MERAS’s submissions are to be filed and served two weeks prior to the hearing. MERAS may speak to those submissions at the hearing only with leave and subject to the same constraints as above. (d) MERAS may not seek c...

9. Gray v Paikea - Otara 5D2 (2022) 252 Taitokerau MB 210 (252 TTK 210) [pdf, 231 KB]

   ...lead to removal unless the trust assets have been put at risk or there has been a serious loss or malfeasance; (d) Generally, the Court must be satisfied that there is evidence of real abuse, failure or malfeasance and the absence of any tenable defence. Kōrerorero Discussion [25] During the period of 6 August 2019 to 3 January 2022 the Whānau Trust met on 26 separate occasions, however Mr Paikea was only invited to nine of the meetings due to an alleged conflict arising fr...

10. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

    ...unsuccessful. [50] Costs are reserved. Both parties represented themselves and it may be that there is no issue of costs to address. I am aware that Global Security was represented by a lawyer at the beginning of this proceeding who filed a statement of defence on its behalf. If Global Security considers it is entitled to claim costs, it is to make submissions within 15 workings days. Mr Ngawaka has a further 15 working days to respond. All submissions are to be no more than...