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1. Hutcheson v Clarkson - Mangamaire B No 2 Block (2020) 86 Takitimu MB 283 (86 TKT-283) [pdf, 379 KB]

   ...time to provide a response to the interim decision of 24 December 2019. Ms Clarkson stated that the trustees had not received a copy of that decision and had only recently received the reports of the farm consultant and valuer. In addition, she requested the original trust records be returned and noted that due to her ongoing illness and the COVID-19 situation, the trustees had not had an opportunity to meet or to hold an owners meeting. Following Ms Clarkson’s correspondence, Mr...

2. Form-51_Criminal-Amendment.pdf [pdf, 184 KB]

   Version 21 – October 2023 page 1 10/23 form 51 Amendment to Grant Criminal Legal Aid Legal aid file no. Lead provider’s ref. Customer Provider Court Amendment sought Replace fixed fee High Cost Case Additional work when fixed fee has been claimed Disbursements Estimate Applicable fee schedule A-C D-F G H & I J Please tick the following criteria that is specific to your case. Fixed fee criteria Volume/...

3. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...(ii) The applicant did not consent to the gift to Mr Neal; and (iii) The applicant’s father was not present in Court when the gifting was made. [3] Taiharuru 4C3 has since been partitioned. Mr Neal’s shares, received from Milton Welsh, now form part of Taiharuru 4C3C. Background [4] The Case Manager delivered an initial report to me on 11 June 2004. This was distributed to the parties on the same date. On 30 June 2004, Mr Neal sent a letter of objection to the application....

4. LCRO 118/2023 TC v GS (13 December 2023) [pdf, 213 KB]

   ...Firm rendered an invoice to the Trust for the legal work undertaken between January 2019 and termination of the retainer in March 2020. The invoice was for a total of $3,620.00. 4 [20] On 2 April 2020, the applicant sent an email to the Firm requesting an explanation, in the following terms: Would you please email me why you guys did not settle the [purchase] on Monday? and why your boss called the bank on [the following] Tuesday so I am looking for answer? because you told me o...

5. Waikato Bay of Plenty Standards Committee 1 v Silvester [2023] NZLCDT 47 (31 October 2023) [pdf, 86 KB]

   ...commenting that she had been struggling in her role as a new lawyer. She later acknowledged service of these proceedings but has chosen to take no active part beyond indicating that she did not intend to file any response. This hearing proceeded by formal proof. [2] We find the following facts have been proved by the evidence filed: • In 2021 Ms Silvester relied on an amended A&I form for settlement, although the client had not initialled the amendments at the time. •...

6. Nisha v South Auckland Muslim Association Incorporated [2024] NZHRRT 68 [pdf, 631 KB]

   ...other woman nominated for the executive withdrew her nomination. Ms Nisha also found out subsequently that after the call, Mr Khan wrote to the then president of SAMA, the then secretary, the incoming president, and incoming secretary as well as the former treasurer. In that email Mr Khan stated he was writing in his capacity as “a current SAMA delegate & incoming vice president of SAMA and on behalf of the chacha Farouk Khan”. Mr Farouk Khan was the incoming president. Mr Khan explain...

7. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...records (paper and electronic) of the location of dredge-oyster beds and related nautical features in the OY5 (Foveaux Strait) fishery, made by the plaintiff in the course of his life as an oyster boat skipper. “Marks” include electronic information created by and stored on electronic devices identifying “tracks” and “trawls”, that is information about the course a vessel skippered by him has taken on any voyage. B The plaintiff’s “marks” as defined above are th...

8. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

   ...Health Board (CCDHB). Following an allegation she had possibly accessed health records to locate the whereabouts of a relative, the New Zealand Police in September 2014 asked the CCDHB to advise whether Ms Tan had in fact accessed such records. That request was made under the Privacy Act 1993. [2] Ms Tan alleges that in making this request the Police breached information privacy principles 1 to 4 and 11. The allegations are denied by the Police. The recusal issue [3] When Ms Tan ma...

9. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

   ...assumed some significance in the course of the hearing. On 20 January 2009, Mr Gaut received written notice to attend a “disciplinary interview” on 22 January. The notice was headed: “BP Oil New Zealand Ltd Interview Acknowledgement/Consent Form”. The reason for the interview was expressed in these words: Using insulting or abusive language that may cause offence to another person while at work Refusal to perform usual duties or refusal to comply with fair, reasonabl...

10. Marshall v IDEA Services Ltd (Application for Interim Non-Publication Orders) [2019] NZHRRT 52 [pdf, 306 KB]

    ...(other than Eamon Marshall) mentioned in the evidence in these proceedings is prohibited. [42.2] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiff and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. [42.3] Leave is reserved to both parties to make further application should the need arise. ............................................. Mr RPG H...