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1. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer? (b) Were the firm’s legal fees charged to Mrs FH’s estate fair and reasonable? [14] Because, as noted, Mrs PA has requested that this Office consider only Mr NT’s role relative to the sale of the property, it is not necessary for me to consider the Committee’s reasons for its determination to take no further action in relation to the other aspects of...

2. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

   ...Belley responded by asserting that the Authority’s orders had been properly made, and that unpaid wages and holiday pay were due to Ms Sahrunphatcharakul. [9] Because of Ms Mahamai’s lack of participation in the process of the Authority, I requested a Good Faith Report so that I could resolve the question of whether the hearing should proceed on a de novo basis. Such a report was provided, with the Authority expressing its opinion that Ms Mahamai had failed to respond to bo...

3. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 131 (2017 APPEAL 131) [pdf, 239 KB]

   ...jurisdiction is not forever excluded just because an initial lease term does not require its consideration or approval. 18 HC Auckland, CIV-2008-404-2645, 16 September 2008 19 Tatahi Ltd (Formerly known as Tutanekai Tatahi Ltd) v Matauri Bay Properties Ltd [2009] 3 NZLR 367 (CA) 20 Ibid at [27] to [29] 2017 Maori Appellate Court MB 139 [37] Clause 14 of Ms Le Lievre’s LTO states that, upon expiry of the term of 30...

4. [2012] NZEmpC 77 Premier Events Group and Anor v Beattie and Ors [pdf, 70 KB]

   ...client’s witnesses that the Court and the parties have had since mid-April. [4] In making the decision I am about to, reference should be had to my admissibility interlocutory judgment of 1 May 2012 1 and the reasons for that which are now in draft form but will not be able to be issued realistically until after the weekend that is upon us. 1 [2012] NZEmpC 71. [5] I propose to address each of the paragraphs or parts of paragr...

5. Apostolakis v Gilbert (Adjournment Application) [2018] NZHRRT 8 [pdf, 216 KB]

   ...downloaded from Ancestry.com. These pages relate to various persons who share (or shared) the surname of “Ellis” or who were married to spouses with that surname. It is impossible to see the relevance of this information in the context of a claim Mr Gilbert allegedly failed to comply with information privacy principle 6. 3 Discussion [11] The application dated 26 March 2018 is declined for the following reasons: [11.1] The issue in these proceedings is whether Mr Gilbe...

6. Aratema - Taheke Paengaroa (2001) 260 Rotorua MB 217 (260 ROT 217) [pdf, 919 KB]

   ...trust itself as a borrower in default. The Registrar is directed to convene within the next month a Conference pursuant to Section 67 of Te Ture Whenua Maori Act 1993. The present parties are to attend this and the trustees of the other trusts are requested to be present for their views and their attitudes to the matter could well have a forceful effect on the ultimate outcome. Neither party is to assume that the outcome of this interim hearing is in any way an indication of what the fin...

7. Vucich & Anor v CAC306 & Ors [2015] NZREADT 40 [pdf, 204 KB]

   ...agents, to ensure that licensees, still in their probationary period are properly supervised and managed. This situation regarding the non-compliant kitchen may not have occurred if licensee 1 had used this approach. 3.18 The complainants also requested in their submission an order be made under section 93(1)(e) that the licensees refund $35,000.00 from the commission they received and this would be accepted by the complainants as a full and final settlement of their claim against the...

8. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...asserts that a retaining wall between 247 and 251 is subject to what the committee described as a “structural issue” which was not visible to the eye of someone inspecting 247, that the licensee knew about this problem and did not disclose the information to the appellant as she ought to have. [6] The committee decided not to take any further action on the complaint1 [7] As to the first part of the complaint, the committee agreed that had the licensee known about the proposed...

9. Hunter - Harataunga East 2B2B1 and 2D2 (2004) 106 Hauraki 128 (106 H 128) [pdf, 963 KB]

   ...transfer of 35/56ths (5/8ths) of a share in Harataunga 2D by way of gift to Mrs Thwaites. That transaction was completed by Court Order, but there is no further evidence as to any arrangements that may have been made by the parties. The only other information held by the Court comes from the hearing of Mrs Thwaites' application for an easement for conveyance of water in exchange for access in July 1982. Ngawiki was deceased by that time. Mrs Thwaites' evidence was that s...

10. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa numbered [pdf, 73 KB]

    ...  2   For  the  purpose  of  this  Court,  I  am  a  Treaty  Claimant  whose  grievances   relate   to   Waiheke   Island.     The   Waitangi   Tribunal   accepted   my   claims,   referenced  as  Wai  810.    These  were  duly  heard  in  2001  at  Onetangi,  Waiheke   Island.    The  Foreshore  and  Seabed  Act  was  still   in   force  ...