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1. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...trust and it remains unclear as to whether it supports these proceedings. The question of the applicant’s standing therefore remains relevant. [8] In addition, counsel submitted that clause 6 of the trust order for Mangamaire B2 Trust, the protection of minorities clause, was relevant to the application for a strike out or dismissal.2 Under that provision, any owner has a right to effectively petition the trustees if they feel aggrieved by any direction, determination or resolut...

2. Lewis v New Zealand Law Society [2018] NZLCDT 33 [pdf, 243 KB]

   ...lawyer was found. [16] When this latest set of findings against her was raised with Ms Lewis she referred to them largely as minor matters of gossip and hearsay. She also referred to them as “petty” complaints. This does not accord with the careful and proper analysis carried out by the Standards Committee. [17] It is notable that in her affidavit and submissions Ms Lewis sought to impugn all of the previous disciplinary findings against her. Issue 1 – Previous Concern...

3. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

   ...and the deposit was received that it came to light that there was in fact no code of compliance for the first building and that this had not been verified before I signed an unconditional contract. BB had failed to carry out my instructions and to protect my interests. I was astonished to find out that BB had not in fact obtained copies of the code of compliances from Council and forwarded them on to the purchaser’s lawyer before advising me to go ahead with signing an unconditional...

4. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...in this report, I would recommend that ACC reconsiders this case. [23] ACC requested the advice of its clinical advisory panel which consisted of ten medical professionals, 6 of whom were orthopaedic surgeons. Also represented was an urgent care specialist, a physiotherapist, an occupational and environmental medicine specialist and a general surgeon. [24] The panel reported on 2 April 2019. ACR 248/18 [25] The panel first noted that the event on 13 July 2016 was not consiste...

5. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

   ...account Mr Sowerby’s evidence that the force of the mechanism of injury and his knee pain masked the shoulder pain, together with the evidence of his colleagues that upon return to work he performed only light duties. Having reviewed the evidence carefully, I prefer the opinion of Mr Boyle on causation. He provided good reasons to believe the tendon tear was not traumatic. The medical evidence of widespread degenerative type changes in the shoulder pathology showing tears of the...

6. NT v OX & B Ltd [2023] NZDT 476 (2 May 2023) [pdf, 248 KB]

   ...costs incurred. However, I am satisfied that B Ltd is not responsible for such costs in the circumstances, as the risk of severe weather disruptions is on the customer. (i) I note that it is usual for customers to hold travel insurance to provide protection against severe weather disruptions, but the Applicants did not book travel insurance for their trip. While the lack of travel insurance has no bearing on my findings, it does explain why the Applicants have not been able to recover...

7. [2024] NZEnvC 294 Whakatane District Council v Ohope International Golf Club Incorporated [pdf, 1.6 MB]

   ...they attain a height of at least two metres. All plants that die must be replaced and monitored until they attain a height of at least two metres. Pōhutukawa husbandry All felled pōhutukawa are to be inspected by an arborist qualified in tree care, who will undertake a tree health assessment of each specimen and determine if any treatment or 2 htps://www.advancelandscape.co.nz/shop/Plant+Establishment+Tree+Guards.html management is required to maximise survivorship and g...

8. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...of “no harm, no foul”. [48] The next reason is that a standards committee normally comprises seven decision-makers of whom a minimum of two are lay people. The lay members can be considered to have the keenest appreciation of the consumer protection purpose of the Act and a sensitivity to any potential injustice arising in any particular instance from the power imbalance between State and citizen. It would not be impossible for the applicant to persuade me that a committee so co...

9. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-100-000119 [2010] NZWHT AUCKLAND 26 BETWEEN HAI CAO and YANMING TAO Claimants AND TONY TAY AND ASSOCIATES LIMITED (In Liquidation) First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BRIAN WILLIAM NEWTH Third Respondent AND ALLAN CHRISTINI (Removed) Fourth Respondent AND TONY MENG HIANG TAY Fifth Respondent AND SELINA SIAW NYUNAK TAY Sixth Respondent AND JOHN WATTS TRAD

10. Waitangi Tribunal - Part III Te Urewera [pdf, 6.7 MB]

    ...loss. Farewell Tuahine, our thoughts are ever of you. This part of our report is for you. In this, the third part of our report, we address one of the central grievances brought by the claimants to this inquiry : much of the land that in 1896 was protected by legislation as a self governing reserve for the iwi of Te Urewera, had been acquired by the Crown three decades later, and the Crown subsequently created Te Urewera National Park on that land . The demise of their reserve through th...