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1. Taueki v Horowhenua District Council (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 190 KB]

   ...provide the trustees with a more direct role in managing their own property. Such a possibility does not seem outlandish in the twenty first century. [13] In any event, it should be obvious to all parties that unless proper legal process is carefully observed regarding any proposed leases or licences, given the history to these and related proceedings, further litigation is probable. Decision [14] The application is adjourned to a chambers hearing on 23 April 2013 at Whanganui...

2. Canterbury Westland Standards Committee 1 v Williams [2020] NZLCDT 8 [pdf, 98 KB]

   ...Committee 2 of the Wellington District Law Society HC WN CIV-2011-485- 000227, 8 August 2011. 4 (a) That Mr Williams acknowledged his failures to make adequate enquiries. (b) There was no element of dishonesty in his conduct. (c) That care should be taken in attributing the financial loss solely to Mr Williams. The loss arose from the failure of the companies. The loss occurred because Mr Williams believed that the transactions were in accordance with the wishes of his cl...

3. Judges-Corner-Article-by-Judge-Aidan-Warren-on-Dispute-Resolution .pdf [pdf, 154 KB]

   ...Agreement to Mediate, which sets out the rules of the mediation and the basis of the mediator’s appointment. The question is whether the mediation process will allow for mediators to have these agreements signed by the parties, to provide extra protections to them above those provided under the Act. That will of course depend on how the mediator appointments are managed. In the employment dispute context, mediators are required to certify settlements and general template agreem...

4. NI v FI & MI & GI [2023] NZDT 592 (13 October 2023) [pdf, 96 KB]

   ...respondent is FI’s son, and the third respondent is FI’s partner. 3. NI claims he saw the respondents move the aircraft and he noticed damage to the wings the same day. Further damage was incurred as the aircraft was left outside the shed unprotected from the weather. 4. NI believes the respondents moved his aircraft some time in the first half of 2021, however he did not raise the issue of damage with them until December 2021 when he sent them a letter asking for compensation...

5. Information held by the Ministry of Justice

   ...rules. We also hold several documents related to our decision-making process, including: Official Information Act Policy Ministry of Justice Proactive Release Policy Recruitment Policy Procurement Policy Contractors and Consultants Policy Code of Conduct Protected Disclosure Policy Acceptable Use of Technology Policy HR Delegations Policy Disciplinary Process Policy Security screening exemption for lawyers Information management policies - Data and Information Policy (May 2020).  Informat...

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6. AJ v BJ LCRO 258 / 2011 (18 July 2013) [pdf, 121 KB]

   ...The Practitioner’s major concern in pursuing the review was to have removed what he perceived to be a mark on his reputation. [49] Professional reputation is a highly valued asset and lawyers (indeed all professionals) work hard to create and protect their professional reputation. Credibility should not be quickly challenged where a reasonable explanation has been proffered in respect of a matter. Such was the case here, with the Assessor’s Report providing ample support for...

7. LCRO 58/2018 QD v FZ (12 October 2018) [pdf, 133 KB]

   ...interpreted by the Judge accordingly. [42] It is accepted that Mr QD has rights under NZBORA and that the truth is a legitimate defence to defamation. Those are not arguments for this jurisdiction. [43] Except for the fact that Mr QD wanted to protect his own interests, it is not clear why any curiosity on the part of the media might be relevant to his conduct. If Mr QD had filed a memorandum promptly on his retainer being terminated, the end of his retainer would already have...

8. LCRO 165/2019 RG v TQ (19 May 2021) [pdf, 200 KB]

   ...resolve the difficulties. It had become critical at this juncture, that Ms TQ be independently advised. [76] It would be difficult to envisage how a genuine and good faith-based complaint inquiry could proceed. Ms TQ’s position needed to be protected. It was imperative that she obtain independent advice. [77] Mr RG says that he had expectation that when Ms TQ instructed new counsel that she would continue to engage with ABC to address her complaint and that is what he says in...

9. [2022] NZREADT 25 — Salt & Kellar v Real Estate Agents Authority (18 November 2022) [pdf, 148 KB]

   ...the ASP. In fairness, the Side Agreement should have been disclosed because of its impact on the Property’s net return. As a result the Appellants were in breach of rr 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). (b) By withholding information in relation to the reduction in OPEX payments by way of the Side Agreement, the advertised return of $60,000 net per annum could not be achieved. If the Side Agreement had been...

10. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

    JANET POTTINGER V KELLY SERVICES (NEW ZEALAND) LIMITED NZEmpC AK [2012] NZEmpC 101 [28 June 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 101 ARC 33/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JANET POTTINGER First Plaintiff AND NINE DOT CONSULTING LIMITED Second Plaintiff AND KIRI CAREW Third Plaintiff AND KELLY SERVICES (NEW ZEALAND) LIMITED Defendant Hearing: 19 June 20