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1. Hall v Opepe Farm Trust (2010) 19 Waiariki MB 258 (19 WAR 258) [pdf, 442 KB]

   ...not actively oppose the investment and nor did they have their opposition recorded as per s 227 of the Act. They had every opportunity before Judge Savage to express their opposition but did not do so. It is trite law that in the absence of the protections of s 227, trustees are joint and severally liable for decisions made by the trust. The approval sought from Judge Savage for the trustees to have the power to enter into the venture was given on 19 May 2002, six months after th...

2. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...not adhered to.30 4. [ABC] had included time in invoice 78972 which had been written off. 5. Mr ST provides a judgment of the High Court,31 in which the Court held that failure to comply with the rules is negligence. The rules are for the protection of contributors and it is not for a practitioner to decide that the rules not be complied with. 6. The offer made by [ABC] to pay Mrs KK’s estate the sum of $2,500 to compensate for the payment to the council, was made on the basi...

3. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...aware of QLDC’s position until 31 July 2020, thus considers it unfair that it pay for costs incurred prior to that date. [11] WPDL refutes the Hadleys’ submission that Bielby factors are present because the court would not have undertaken a careful legal analysis of the relevant objectives and policies to determine how the relevant rules were applied if this were the case. Moreover, WPDL submits thar Mr Meehan’s evidence reflects the ‘real world’ view that one purpose...

4. 02.-Evidence-of-Ms-Dianne-Rump-Muaupoko-Tribal-Authority64019775.1.PDF [PDF, 321 KB]

   ...representing Muaūpoko as a Te Tiriti o Waitangi partner and as the holder of Muaūpoko fisheries quota. Separate, and secondary, to that role, MTA is an Ō2NL Project Partner. And finally MTA is a submitter and section 274 party in order to protect our interests through the Resource Management Act 1991 (RMA) process and provide for our rangatiratanga in our own right. 5. As a Project Partner, MTA has worked closely with Waka Kotahi and Ngāti Raukawa ki te Tonga Hapū on the...

5. Summit resources [pdf, 1.9 MB]

   ...• Me pēhea tā mātau whakakaha i te whanaungatanga me te hononga mō te hunga kua motukia ngā taura here mai i tō rātau iwi, hapū, whānau hoki? 1 hospitality, kindness, generosity, support - the process of showing respect, generosity and care for others. 2 process of establishing relationships, relating well to others. Mā koutou o tēnei tēpu e whiriwhiri ngā pātai kei raro nei. Me wātea koutou ki te whakarāpopoto me te whakaatu i ā koutou kōrero ki ētahi atu. What...

6. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both scratches caused by UX Ltd? B. Does scratching the shower drain constitute a failure of reasonable care and skill on the part of UX Ltd? C. Aside from t...

7. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...furniture. Therefore LN is entitled to a refund of the purchase price. Was LN entitled to dispose of the sofa bed? 6. When a party has possession of goods belonging to another, even involuntary possession, they have a duty to take reasonable care of the goods. CI0301_CIV_DCDT_Order Page 2 of 3 7. LN organised for the sofa bed to be donated to the Salvation Army. Although her house guest did ask TD Ltd to collect the sofa bed the day after it was delivered, this was in the c...

8. LCRO 235/2017 B and A LT v HF (28 March 2019) [pdf, 133 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

9. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...neither insight, nor a determination to rehabilitate herself. [46] I am accordingly satisfied alternative disciplinary sanctions would not be sufficient to cause Ms Tan to accept and maintain professional standards. The public will only be adequately protected, and the objectives of the Act achieved, by cancelling her licence. [47] I have considered whether allowing Ms Tan to hold a provisional licence, after establishing a regime of appropriate supervision, is an option. I am satisfi...

10. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

    ...the Tribunal is required to weigh the public interest against Ms McHugh’s interests. [38] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [39] A significant factor in this case is that it involves dishonesty....