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1. Wilson v Welch [pdf, 53 KB]

   ...indicated at the hearing, it is not appropriate for claimants to amend their claim on the morning of the hearing. Adjudication of claims is expected to proceed on a “no surprises” basis with all parties having adequate notice of the claims and defences with no new issues being raised at the hearing. The Page 10 adjudicator however always has discretion as to whether to allow such an amended claim. [29] In determining whether it is appropriate to do so, I have taken...

2. Homes v ACC [2013] NZACA 2 [pdf, 60 KB]

   ...what Mr Cadenhead’s advice was concerning the withdrawal of the appeal. The acting lawyer would normally explain this to the client, then make inquires, and then ask if the file can be disclosed. I said that the essential issue in Mr Barnett’s defence of the application was that this was not a situation of mistake, but of an appeal being withdrawn with full knowledge. I asked Mr Sara to explain this to Mr Homes and advise the court so arrangements could be made to have Mr Cadenhea...

3. Te Rongomau v Nikau - Whangape Parish Lot 23B (Horahora Marae) (2011) 23 Waikato Maniapoto MB 3 (23 WMN 3) [pdf, 178 KB]

   ...meetings. Ms Nikau referred to the announcement by Mr Pat Kingi on 14 October 2008 at a poukai meeting that it would be the “last New Year dinner in our 23 Waikato Maniapoto MB 16 old wharekai.” Mr Pat Kingi confirmed that he had made this statement but said that it was meant to be a reference to the wharenui. [43] I do not accept Ms Nikau’s evidence that there was specific authority from the trustees for the demolition of the wharenui and the entry into the building...

4. Supplementary Report on Claim by David Cullen Bain for Compensation for Wrongful Conviction and Imprisonment [pdf, 861 KB]

   ...it was an even more implausible motive for Mr Robin Bain to kill all of his family and spare the Applicant, made it Ulmecessary for me to refer expressly to it. Counsel's submissions and addresses are not evidence. Sometimes judges allow defence counsel in criminal cases some latitude in addresses, opening and closing, to juries. Here, the Applicant bears the onus. More is required than that Applicant I simply suggest an hypothesis unsupported by any reliable evidence .. Fam...

5. Tait v Kruger - Tauarau Block (2021) 252 Waiariki MB 180 (252 WAR 180) [pdf, 303 KB]

   ...April 2019. 252 Waiariki MB 193 [47] There was also brief mention of the tension between the reservation trustees and the marae committee, which appeared to be a core issue. In Ropiha v Tipene-Matua, Judge Harvey made the following statement:18 [28] As foreshadowed, the trustees are ultimately responsible for everything that happens at the marae. This includes financial transparency and accountability, health and safety and compliance with legislation and regulations...

6. [2017] EmpC 90 Nathan v Broadspectrum (NZ) Ltd (formerly Transfield) [pdf, 148 KB]

   ...between his lawyer and Broadspectrum’s lawyer where any substantive training was said to be “provided on the job”. [28] Mr Nathan considers having to now complete these skills assessments is an about-face by Broadspectrum from its previous statements. [29] Any confusion over what Broadspectrum requires has been dispelled because of what has been clearly and unequivocally stated by Mr Craig MacDonald, who is the General Manager Power for Broadspectrum in New Zealand. Mr Mac...

7. Hohepa v Cassidy - Waima C30A and Waima Topu B (2018) 182 Taitokerau MB 166 (182 TTK 166) [pdf, 337 KB]

   ...to identify whether Pihema’s house is located on C30A. It is not clear whether Mr Lee has suitable qualifications or expertise to comment on geotechnical engineering. Mr Lee did not give evidence in person and he was not questioned on this statement. It is not clear what he means when referring to “a significant proportion of C30A” being unsuitable for residential use, and in particular, whether there is a suitable site on the balance of C30A upon which Mr Hohepa could buil...

8. Justice Matters - issue 16 - October 2019 [pdf, 4.6 MB]

   ...evaluation by Gravitas and the Ministry of Justice covers the pilot’s first two years. It includes quantitative analysis of timeframes, and face-to-face interviews and focus groups with a sample of people involved in the pilot, including complainants, defence counsel, prosecutors, court staff, victim advisors and judges. Judge-designed best-practice guidelines for case and trial management, alongside measures to ensure more sensitive processes, such as secure waiting areas, are also...

9. LCRO 21/2019 IV v EC and HL (21 December 2020) [pdf, 216 KB]

   ...judgment of the Supreme Court also helps. In the case of Fennick v Naera, the Court discussed the principles attaching to fiduciary duties. The Court said:26 Liability for the breach of the no conflict rule is generally strict. It is usually no defence to show that any unauthorised profit was made “‘honestly’ or in good faith” or that the transaction was fair. The use of strict liability in the context of a fiduciary relationship stems from fiduciary law’s traditional proph...

10. [2021] NZREADT 35 - Brady (7 July 2021) [pdf, 287 KB]

    ...recognises that the costs associated with charges proceedings are born by members of the industry. [49] Mr Waalkens submitted that an order requiring Mr Brady to pay a reasonable contribution towards costs is appropriate in this case. He provided a statement as to costs, which records total fees (exclusive of GST and disbursements) of $21,559.00, and submitted that an order for a contribution of 50 percent ($10,779.50) of the Committee’s actual costs would be appropriate. [50]...