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...development process and not the description of a person. 5 Body Corporate 188273 v Leuschke Group Architects Limited (2007) 8 NZCPR 914 (HC) at [32] . 6 Above n5. Page 17 [76] The protection offered to a shareholder of a company does not extend to protect a director of that company if that person was sufficiently involved in the commission of a tort to justify the imposition of a duty of care. [77] The effec...
...Youth Court Judge: Her Honour Judge Ida Malosi • Chief Judge of the Employment Court: Her Honour Judge Christina Inglis • Chief Environment Court Judge: His Honour Judge David Kirkpatrick • Chief Judge Māori Land Court: Her Honour Judge Caren Fox • Chief Judge of the Court Martial and Judge Advocate General of the Armed Forces: Brigadier Kevin Riordan2 • Chief Coroner: Her Honour Judge Anna Tutton. While the Attorney-General holds the primary relationship with the Chief...
...completely different and he has achieved a greater work/life balance. We accept his evidence that he has taken the mantle of parenthood seriously, and presently has significant daily responsibilities for his baby daughter. That, in itself, is a protective factor in our view. [28] Importantly, he says, and his therapist Dr Freeman-Brown, confirms7 that he has significantly reduced his alcohol intake to meet the Ministry of Health, healthy drinking guidelines.8 [29] We consider th...
LCRO 196/2010 CONCERNING an application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Waikato - Bay of Plenty Standards Committee 2 BETWEEN MS CA Applicant AND MR XU Respondent The names and identifying details of the parties in this decision have been changed. DECISION AS TO PUBLICATION [1] On 18 May 2011, I issued a decision on the substantive issues involved in thi
...liquidation) was the employer of Ms Harlow and not Mr Teague personally. [4] There is no further basis for the freezing order to continue against the first respondent, Western Property Management Ltd, now in liquidation. The liquidators will protect Ms Harlow’s position as a preferential creditor for part of her claim, and as an unsecured creditor for the balance. There is no ground for Ms Harlow to obtain any other priority over the other creditors. [5] No amended pleadin...
...Act and Regulations impose clear and significant requirements on licensees with respect to funds held in trust and the procedures to be followed for the disbursement of funds held. The Committee noted that the Act and Regulations exist for the protection of the public, and that breaches of them require penalty orders. The Committee ordered the Agency to pay a fine of $5,000. Appeal [7] Ms Jones submitted that the fine of $5,000 is excessive, in light of the historic and overal...
...visit, although NU does not believe these cats damaged her sofa, and claims to have seen WD’s cat scratch it. 10. There is also the issue of mitigation of loss to be considered. NU allowed WD to have a cat in the house, but took no action to protect her furniture. NU claims she first noticed scratches in February or March 2022, and that WD used an anti scratch spray to deter the cat, however NU did not take any action herself to protect her sofa, nor did she check it again until sh...
...guards is a constant theme in the submissions, and likely offers quick wins because it will improve the certainty of consequences for criminals. Legal liability, whether from Health & Safety legislation or from criminals detained, needs careful consideration. Protecting workers as well as management & owners from malicious legal action from criminals needs legislating against. Health & Safety legislation also needs consideration. These are a barrier to use of enhance...
...12 Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]. 13 Mr O (also known as X) v Complaints Assessment Committee 10028 [2011] NZREADT 2 at [32]–[33]. 6 dishonesty. It could not be said that the public need protecting from the licensee to the extent that her wellbeing would likely be seriously jeopardised. [24] On the basis of the new evidence, which was not presented to the Committee, we find the Committee’s order to publish its decisions sta...
...six weeks Ms Wallbutton took immediate action to remove the other licensee from their position, interviewed staff, and contacted her accountant, auditor, franchisor, banker, and solicitor. The Complaints Assessment Committee said that she had “carefully and tirelessly ensured that all the client funds held by her business were recouped and correct”. [42] However, Ms Wallbutton did not report the matter to the Authority. The Committee considered that it was “understandable an...