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1. Pryor v Perenara - Ngāti Rangitihi Marae Trust (2008) 322 Rotorua MB 268 (322 ROT 268) [pdf, 1.4 MB]

   ...obtaining of bank statements consequent on the disappearance of the primary records ofthis trust. [3] The basic allegation is that Reuben Perenara failed to keep primary records such as bank statements, cheque book butts and vouchers such as invoices, claim fonns etc, so that the accounts could be suppOlied. The proceedings also allege that a substantial amount of expendihlre can not now be substantiated. It is also of interest to note an audit conducted also refen·ed to unidentifi...

2. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...ex-employer following dismissal. In any event, in Tu’itupou it appears that the employee deliberately decided to do nothing to progress her grievance. That is not the situation in the present case. Ms Ball made the point in evidence that she requested further mediation with the company following notification of her dismissal and that that request was declined. While the mutual lack of communication following the plaintiff’s dismissal is unfortunate, I do not consider that the...

3. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...judgment in Just Hotel Ltd v Jesudhass, 4 the advocate submits that the offers made simply “without prejudice” are inadmissible. [15] I interpret the “without prejudice” label attached to the offers as being one intended to be in the fuller form of “without prejudice except as costs” and not simply what would be the unusual and largely meaningless literal “without prejudice”. The offers were made not only in an attempt to settle the proceedings but also, as in mo...

4. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...absences overseas, and she represented him in the hearing. [2] ZV was planning a major extension to his house. In August 2013, he approached AA to seek a waiver of AE's right to object to a proposed height-to-boundary infringement. He also informed her that survey plans showed the boundary fence was not on the correct boundary line. The fence encroached on AE's land by up to 50cm at the widest point, although there was some more minor encroachment on ZV's land at th...

5. JS v CL LCRO 180/2013 (19 May 2014) [pdf, 84 KB]

   ...and the lawyer’s response and concluded that it “could find nothing to substantiate a claim that Mr CL had acted inappropriately…consider[ing] that he had acted in the best interests of his client, followed her instructions and kept her informed”.6 It observed that Mr JS “was entitled to seek independent legal advice if he intended to make a claim against the estate...” 3 Settlement Agreement dated 18 February 2011 at p 3...

6. RT v MX LCRO 284 / 2011 (12 October 2012) [pdf, 76 KB]

   ...decision is soundly based on the evidence before the Committee. Committee’s are made up of experienced lawyers, together with a non lawyer representative of the community. [10] The Applicant sought a review of the Committee’s decision and requested that “the lawyer (be) disciplined for inappropriate behaviour and an apology offered for his inappropriate phone call and remarks.” His expanded submissions in support of his review application largely repeated the essence of...

7. Trustees of Okahukura 8M2C2C2B v Christensen - Okahukura 8M2C2C2B (2006) 176 Aoea MB 42 (176 AOT 42) [pdf, 217 KB]

   ...from the main road on to the slopes of Mount Tongariro. It has many owners. It is vested in ahu whenua trustees who have leased the land in the past. [2J The respondents (Mr and Mrs Christensen) seek to remain on the land pursuant to what they claim was an agreement to lease, granted to them by the trustees in relation to part of the land. They specifically claim that that agreement took place at a meeting on the 13th March 2005. The trustees deny that such an agreement took place...

8. Registrar of IAA v Ryan - [2019] NZIACDT 75 (7 November 2019) [pdf, 361 KB]

   ...decision in the order in which their applications were received by Immigration New Zealand. Karamjeet Singh [16] On about 19 February 2016, Mr Singh made an application for residence under the skilled migrant category. Mr Ryan was identified on the form as the immigration adviser who had provided immigration advice. He signed the form, as did Mr Singh. It stated that Mr Singh had been resident in New Zealand since July 2013. He had an offer as a customer service manager for BC...

9. Evesham v Auckland Standards Committee LCRO 136 / 2009 (5 November 2009) [pdf, 190 KB]

   ...Law Practitioners Act 1982 and the Trust Account Rules and Regulations enforced at the time, particularly having regard to rule 3(1) of the Trust Account Rules. [44] That notice also contained twelve specific questions which Mr D Evesham was requested to answer. Some of those questions were not relevant to Mr D Evesham who was not involved in the matter in 2005. Of relevance were the following: Who dealt with the matter on 10 September 2007 when the London and Chesterfield accoun...

10. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

    ...the irrevocable instruction and undertaking from the Defendants solicitors as referred to in condition 10, along with confirmation that the agreement is unconditional, Northland Regional Council shall (within 10 working days following written request), as appropriate: a. In the event of the sale of the property at 77 Allis Blay Place, provide a certificate in the form attached as Form 2 to the Schedule to the SLCR Act, providing a full release of the charge over the property at 7...