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1. The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79 (329 AOT 79) [pdf, 308 KB]

   ...wanted to ensure the obligation was emphasised by adding the word “must” to provide that the Māori Trustee must exercise their general powers consistently with the proposed occupation arrangement. The Law [29] In Naera v Fenwick the Court of Appeal examined the interplay between the general powers and specific powers of a trust contained in clauses 3(a) and 3(b) respectively, which are clauses common to a number of trust orders. 17 That Court considered the earlier decision...

2. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...given the discretionary nature of the assessment. 6 [8] Relevant in the present case is the question of how a costs assessment is to be undertaken where both parties have a measure of success. In Health Waikato Limited v Elmsly, the Court of Appeal stated: 7 [39] It is not usual in New Zealand for costs to be assessed on an issue by issue basis, albeit that it is common enough, where both parties had a measure of success at trial, for no order as to costs to be made. The rel...

3. Gunning v CAC306 & Ors [2016] NZREADT 23 [pdf, 229 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 23 READT 033/15 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN MARK F GUNNING of Palmerston North, Real Estate Agent Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 306) First respondent AND SUZANNE BARNABY, DEBBIE WHITE, and IAN JENSEN, Complainants Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodg...

4. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...deceiving such a person than similar conduct directed towards a consumer. [Accordingly] there must be an assessment of the circumstances in which the conduct occurred and the person likely to be affected by it. [34] In AMP v Heaven10 the Court of Appeal enunciated a three- stage test to be applied in determining whether there has been a breach of section 9. This three-stage test involves asking the following questions: (a) Was the conduct capable of being misleading; (b...

5. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...Scope of Review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...example, do these apply to economic or other non-liberty affecting penalties such as forfeiture of property? 9. This matter has not been the subject of detailed judicial consideration in New Zealand, although in Lyall v Solicitor-General[2] the Court of Appeal appears to have proceeded on the assumption that s 9 was applicable to a determination of whether tainted property should be forfeited to the Crown under the Proceeds of Crime Act 1991. 10. In the United States it has been held th...

7. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

   ...had stated that at all times it had been obvious to the Police that Mr Y was still involved in running the company after he had been declared bankrupt. All of the circumstances surrounding this dispute were complicated by the fact that Mr Y had appealed his bankruptcy adjudication and the judgment of the Court of Appeal on the appeal was not delivered until February 2016. [25] Mr Ravelich’s brief of evidence stated “The business was run collectively between (Mr Y), VT, and my...

8. [2021] NZACC 195 – Kors v ACC (7 December 2021) [pdf, 233 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 195 ACR 141/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RICHARD KORS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2021 Held at: Rotorua\Rotorua-Nui-A-Kahumatamomoe Appearances: A Carlyle for the appellant J Sumner for the respondent...

9. [2021] NZACC 63 – Carr v ACC (20 April 2021) [pdf, 236 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 63 ACR 181/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LYNLEY CARR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 April 2021 Held at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant F Becroft for the Accident Compensation Corporation...

10. [2021] NZACC 16 - Scott v ACC (14 January 2021) [pdf, 187 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 16 ACR 40/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MARGARET SCOTT Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 November 2020 Heard at: Dunedin/Ōtepoti Appearances: Mr P Sara for the appellant Mr H Evans for the respondent Judgme...