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1. BT v YB LCRO 128 / 2010 (26 May 2011) [pdf, 97 KB]

   ...applying to the Court for a bond to keep the peace under the Summary Proceedings Act 1957. This was a process that the Applicant was aware had been successful in similar circumstances in the past. [3] The application was deficient, and the Judge requested that an amicus curiae be appointed to assist the Court in connection with the application. Mr WJ was appointed. [4] Mr WJ viewed the Court file and met with the Applicant and DQ. In the course of those meetings, he advised tha...

2. Anderson - Estate of Paul Anderson (2013) 2013 Chief Judge's MB 783 (2013 CJ 783) [pdf, 167 KB]

   ...him to have a hui with his siblings to discuss the application. He also requested to have until the end of November 2012 to address the Report and Recommendation in its entirety. [7] On 19 December 2012, the Case Manager wrote to Mr T.H. Anderson requesting an update but no response was received. A follow up letter was sent to Mr T.H. Anderson on 18 January 2013. [8] On 30 January 2013 Mr T.H. Anderson responded advising that the hui had taken place with each person who attended in...

3. Te Manutukutuku 74 [pdf, 11 MB]

   ...report in paral­ lel with a series of conferences to get the parties’ views on additional matters. ӹ Applications from a number of Wairarapa ki Tararua claimants were granted urgency in 2018. The Tribunal is conducting two sets of hearings on requests for binding recommendations. One is on the return of former SOE land on the Pouākani 2 block, which the Crown vested in Wairarapa Moana Māori in 1916 and which includes the site of the Maraetai Hydro Power Station owned by Mer...

4. ADZ v ZVZ [2010] NZDT 245 (3 November 2010) [pdf, 86 KB]

   ...to drive if he does no [sic] understand the simple issue of fasting for 11 hours and exercising in that 11 hours and still taking his insulin. [10] While ZVZ maintains that he did have dinner, it is clear from the hospital report that Dr BN formed a different view: that ZVZ did not have dinner and that this and the exercise brought on the episode. [11] The Tribunal had the benefit of speaking with ZVZ’s doctor during the hearing, Dr PW. Dr PW provided ZVZ with a letter su...

5. WHT - guidelines for hearing preparation & hearings [pdf, 67 KB]

   ...hearing. The costs of any such representation will be borne by that party. The same person however cannot be both an expert witness for a party and that party’s advocate or representative. 3.11 All hearings are recorded. The Tribunal will on request provide each party with an audio copy of the recorded evidence free of charge. 3.10 Each party will be invited to make a brief opening statement, then each party and any witnesses shall answer any questions asked by the assigned Mem...

6. FOO Ltd v TL [2017] NZDT 1030 (3 March 2017) [pdf, 74 KB]

   ...that exclusion clauses are interpreted strictly, and any ambiguity is resolved against the party who seeks to rely on the exclusion of liability. [6] FOO Limited argued that there was no agreement to pick up the goods, and that no contract was formed until FOO Limited picked up the goods each day. However, this would be a commercially unrealistic arrangement in view of the perishable nature of the goods, and FOO Limited was unable to present any evidence to prove that these were th...

7. LCRO 34/2020 KL v OP (4 August 2020) [pdf, 147 KB]

   ...address. [28] Mr KL has failed to identify any such professional standards issue arising from Mr OP’ conduct. [29] There is no proper basis on which to make a direction pursuant to s 201 of the Act. [30] As an aside, although Mr KL’s request for a direction pursuant to s 201 is declined, that would not prevent any of the trustees from engaging in mediation privately or in the course of the High Court process to which Mr OP is now understood to be a party, if they so wishe...

8. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

   ...Whanganui) Judgment: 11 July 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Shelly Puohotaua is an owner is Rakato B and now seeks a review of the Rakato B Residue Trust. She says the trustees have failed to properly respond to her request to build on and occupy trust land and have delayed holding meetings of owners to discuss her request. [2] Ms Puohotaua also claimed that the trustees have shared information about her request with non-owners and that they have...

9. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...Committee that a complaint made about her by Mr and Mrs OL (the complainants) be considered by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal). [2] There are three themes to the substance of Mr NT’s conduct that form the backbone of this review: (a) the quality of her advice to the complainants; (b) her competence in conducting litigation; and (c) her fees. Background [3] Mr NT acted for the complainants in respect of a claim by them against a...

10. [2011] NZEmpC 67 Pivott v Southern Adult Literacy Inc [pdf, 93 KB]

    ...the plaintiffs take issue. The first dealt with the procedure the Authority proposed to adopt to investigate and determine the plaintiffs’ two separately filed employment relationship problems it had before it. It declined the plaintiffs’ request for ―joinder‖ of these proceedings and set out a bespoke process for their sequential investigation. The Authority’s second decision, contained in the same written determination, was to decline to remove the matters before it t...