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1. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...Court to date is that when a trustee has been removed from office by Court order they are not eligible for reappointment.4 Having said that, there are at least two recent authorities which suggest that reg 3(h) was drafted in error.5 I have carefully considered reg 3 in its entirety, along with the authorities I have cited. The statements made in the two authorities which suggest a drafting error were brief obiter comments. In other words, they were not determinative of the is...

2. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...respondent, Deepti Kaushal, is the wife of Jayant Kaushal; she is also a director of JDFOODS. She holds 49 per cent of the company’s shares. [6] The Labour Inspector considers that JDFOODS breached the Employment Relations Act 2000, the Wages Protection Act 1983, the Minimum Wages Act 1983 and the Holidays Act 2003. She says $57,249.93 is owed to three former employees. The Labour Inspector considers that Deepti and Jayant Kaushal are persons involved in breaches committed by...

3. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   ...Wood’s submissions may be seen as a request for an extension of time to enable this complaint to be investigated by the OPC, that extension is denied. In addition, and importantly, s 31(1) of the Privacy Act 2020 provides that the Information Protection Principles (IPPs) do not confer on any person any right that is enforceable in a court of law (except as provided in subsection (2) which is not relevant in the present case). [29] I note that Mr Wood submits that this matter...

4. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...made a provision for the future of his land interests including whether he had left a will. He responded affirmatively following which I then noted that, where a child is disinherited, that person may seek to overturn any will under the Family Protection Act 1956. To reiterate the point, while the relationship between Mr Tomlins and Mr Bellamy has became frayed, it would appear, Mr Tomlins would be well minded to consider carefully whether he intends to make provision for all of h...

5. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...and advise Mr Wilson accordingly. [16] For what it is worth, I proceed on the basis that MIT might, when fixing starting salaries, have taken into account the pay circumstances of all employees of the Automotive School. [17] I have carefully considered Ms Pene’s evidence as to the further work which would be required to provide documents relating to persons employed directly under collective employment agreements rather than IEAs. [18] She says that significant tim...

6. Wellington Standards Committee 2 v Tennet [2023] NZLCDT 20 (17 May 2023) [pdf, 105 KB]

   ...Mr Tennet being a fit and proper person to practise as a lawyer. [15] Against that, we note his many years of service as a lawyer and as a contributor to his community, both legal and extra-legal. We note the facets revealed by the numerous, carefully written references. The referees have read our liability decision. It is apparent that the references are individually written. They have had considerable impact on the orders we make. We have decided that Mr Tennet should be offe...

7. Auckland Standards Committee 2 v Holland [2022] NZLCDT 20 (27 June 2022) [pdf, 176 KB]

   ...available if we are unanimous. We should not, and would prefer not to, strike her off unless it is the least restrictive outcome. The need to impose the least restrictive outcome was explicitly noted in Daniels2: Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. That...

8. 05.-Evidence-of-Mr-Lindsay-Poutama-Ngati-Tukorehe.PDF [PDF, 221 KB]

   ...construction and operation of the Project will inevitably impact on the mauri of our ancestral lands, our sites and water ways, on our taonga, and also on our kaitiaki responsibilities and our mana. 33. We are particularly focussed on ensuring our wai is protected: the Project involves water abstraction, and direct impacts on awa and wetlands. 34. Waka Kotahi has prepared a set of draft designation and resource consents conditions (which they have appended to their evidence-in-chie...

9. [2024] NZEnvC 077 Wellington Regional Council v Crosbie [pdf, 185 KB]

   ...2022 and the question of costs was reserved. [5] I was not the judge who heard the application for interim or final enforcement orders, however I have reviewed all of the materials related to those decisions. Among other documents, I have carefully reviewed and considered the application for costs filed by the Regional Council dated 20 January 2023, the application for costs filed by NLBL dated 7 February 2023 and the response to those applications filed by Mr Page dated 15 Mar...

10. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

    ...PRINCIPLE 2: Respect Providers should treat you with courtesy and compassion. They should respect your cultural, religious, ethnic and social needs, values and beliefs. PRINCIPLE 3: Dignity and privacy Providers should treat you with dignity and protect your privacy. PRINCIPLE 4: Fair treatment Providers should respond appropriately to your needs, and should provide their services in a timely and straightforward way. PRINCIPLE 5: Informed choice Providers should properly understand you...