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1. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...that mediation should be taken into account when determining costs. He noted the difficulties with reg 68 which, while not excluding an award of costs for mediation, hardly facilitated it. 25 And Judge Ford recognised 26 that the Court of Appeal has observed that mediation is confidential because it allows the parties to 22 At [2]. 23 Naturex at [22]. 24 At [23]. 25 At [25]. 26 At [27]. “bare their so...

2. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...order in favour of a non-owner. However, an order vesting interests in the land or a right to possession of the land (or part of it) in favour of a non-owner will likely offend the kaupapa and provisions of the Act. Although in Grace the Court of Appeal did not completely rule out that possibility. Where the Court concludes that a non-owner is entitled to equitable relief, the Court will in the first place look to awarding monetary compensation. If monetary compensation is inapp...

3. Kereopa v Gray – Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) [pdf, 233 KB]

   ...at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [22] In Proprietors of Mangakino Township v Māori Land Court, the Court of Appeal noted that this Court has extensive powers in relation to trusts. 15 In a review of trust, the Court generally concentrates on higher level policy issues rather than day to day 15...

4. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...parties, it was removed into the Court for hearing in the first instance. 1 The basis for removal was that the case raised an important question of law. This was said to be the extent to which arguably contradictory decisions of the Court of Appeal applied to the collective agreements in question. Background and summary of events [4] Alliance operates meat processing plants throughout the South Island and in the southern part of the North Island. [5] The terms and conditions...

5. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...provision for part of a matter to be dismissed, as it would likely give rise to the sort of disruptions to Authority investigations, and associated delays, which provisions such as s 179(5) and 184(1A) are designed to prevent. As the Court of Appeal in Employment Relations Authority v Rawlings observed with reference to s 179(5): 9 7 Emphasis added. 8 See s 178(1). 9 Employment Relations Authority v Rawlings [2008] NZCA 15, [2...

6. CAC 20006 v Richardson [2013] NZREADT 92 [pdf, 153 KB]

   ...The commission on the sale was eventually split 55 per cent to 45 per cent in favour of Custom Residential Ltd. [15] On 2 March 2012, Committee 20006 of the Authority decided to take no further action on the complaint from Mr Tucker. However, he appealed the Committee’s decision to this Tribunal. On 3 August 2012 (in Tucker v REAA, Claydon and Richardson [2012] NZREADT 46) we upheld the appeal, made a finding of unsatisfactory conduct against Ms Claydon, and directed that the Authori...

7. LCRO 001/2017 AB v AC [pdf, 253 KB]

   ...process of review under the Act:3 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 7 … 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...

8. Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (2016) 132 Taitokerau MB 120 (132 TTK 120) [pdf, 232 KB]

   ...Hearing: 8 June 2016 (Heard at Kaitaia) Judgment: 30 June 2016 RESERVED JUDGMENT (NO 3) OF JUDGE D J AMBLER 132 Taitokerau MB 121 Introduction [1] In dismissing the appeal against my decision of 9 March 2015 constituting the Ngākahu–Ngākohu Ahu Whenua Trust (“the Trust”) and appointing interim trustees, 1 the Māori Appellate Court directed a review of the performance of the trustees pursuant to...

9. LCRO 41/2015 CL v JW and IB (26 June 2018) [pdf, 241 KB]

   ...disciplinary issue. Mr JW and Ms IB had undertaken research and applied themselves to the legal issues, including fulfilment of the condition. It also noted the firm’s view that the High Court interim decision preserving the caveat could have been appealed, albeit at a cost. [31] The Committee found that the firm had not issued invoices substantially in excess of $10,000. As the Committee’s jurisdiction extends to bills that have been rendered, not proposed, the Committee concl...

10. LCRO 160/2017 EH v FP (23 April 2018) [pdf, 192 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:5 … 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 th...