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1. Karena v Te Koau A Trust - Te Koau A (2017) 61 Takitimu MB 25 (61 TKT 25) [pdf, 372 KB]

   ...Summary Proceedings Act, concerning Mr Steedman. However, he says that he is reluctant to further these matters and would prefer to sit with the trustees and attempt to seek a resolution rather than litigate a rehearing or an appeal. Mr Karena requests that a discussion between trustees and the applicant take place to sort the issue out with an adjudicator or a beneficiaries’ meeting. He says that if there is a breakdown he seeks to reserve his right to appeal or seek a rehearing...

2. Benioni - Succession to John Benjamin Karaitiana [2020] Chief Judges MB 1341 (2020 CJ 1341) [pdf, 326 KB]

   ...Brian Karaitiana M 32 Higgs Road, Mt Wellington, 1/5 Auckland 1060 5. John Leslie Karaitiana M 1/5 Counsel for three of the named beneficiaries informed the Court that they no longer wished to proceed in forming a whānau trust; and that part of the application was dismissed by the Judge as requested. Identification of evidence that may be of assistance in remedying the mistake or omission 7. The applicant has provided copies of the follo...

3. [2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd [pdf, 218 KB]

   ...controllers (ATCs). He commenced his training to become an ATC in November 2018. In December 2019, Mr Scullin was posted to the air traffic control tower at Gisborne Regional Airport for the last portion of his training. He completed his final performance assessment in March 2020. Mr Scullin paid over $20,000 in fees for his air traffic control training. [10] Mr Scullin received an offer of employment as an ATC from Airways by letter dated 19 March 2020. In that letter Mr Scu...

4. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [pdf, 121 KB]

   ...representation, in breach of cls 5 & 6. (2) Failing to maintain a client file with copies of all written and oral communications with the complainant, in breach of cl 26(a)(iii) and (e). (3) Failing to make his file available to the Authority on request, in breach of cl 26(e). SUBMISSIONS Submissions from the Registrar [11] In submissions (12 October 2022) from Mr Ropati, counsel for the Registrar, it is contended that the appropriate sanctions would be: (1) Censure....

5. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...Marberry’s ultimate consent to the making of the interim enforcement orders. That is particularly because Kaiuma was put to the cost of making the application as a result of Marberry (and its agent M & R) initially declining to cease works as requested.7 That request was made in a letter to a consultant to Marberry that in essence called for the works to be halted pending the securing of resource consents pursuant to an application then before the Council. [7] Kaiuma quantif...

6. Barlow v Phillips - Rangitoto Tuhua 55B1B and other blocks (2012) 282 Aotea MB 75 (282 AOT 75) [pdf, 419 KB]

   ...resolved to ask Evelyn Keenan, the general secretary and financial controller of the Society, to provide bank statements for the previous two years, and a letter was sent to that effect. The Chair of trustees, Maungarongo Phillips also made a request in person for these reports. The Society did not provide the requested statements. As a result the trustees arranged for the bank to freeze the account. Mrs Barlow was of the view that the Manu Ariki Trustees’ Fund was the reserva...

7. Hansen v CAC 10052 & Sadd [2011] NZREADT 26 [pdf, 121 KB]

   ...matters, even if it was a conclusion on which minds might reasonably differ. In such circumstances it is an error for the High Court to defer to the lower Court’s assessment of the acceptability and weight to be accorded to the evidence, rather than forming its own opinion”. [10] In Kacem v Bashir [2010] NZSC 112 the Supreme Court has clarified that the principles in Austin, Nichols apply to Courts exercising jurisdiction over general appeals from lower Courts, not appeals from d...

8. [2013] NZEmpC 54 Checkmate Precision Cutting Tools Ltd v Tomo [pdf, 85 KB]

   ...further meeting took place on 6 April 2010. Messrs Tomo, Austin, Quin and Kiff were in attendance. At the meeting Mr Austin tabled a letter advising that Mr Tomo took issue with the company’s perspective of his terms of employment and detailing requested information which, it was said, was relevant to the issue of consultation and whether it had been adequate. [7] It is apparent that the 6 April 2010 meeting had two phases. Mr Quin’s evidence was that following an adjournment...

9. MVDT Annual Report 2011-2012 (Auckland) [pdf, 231 KB]

   ...fault. Ezy Buy were willing to swap the vehicle for another but when the purchaser was told the exchange vehicle was unsuitable for towing a boat she decided to keep the vehicle. The purchaser produced a document which purported to be a tender form which she signed at the time she agreed to buy the vehicle. From the answers given by the purchaser to questions put to her at the hearing the Tribunal was satisfied that the vehicle was not supplied to the purchaser by competitive tend...

10. [2021] NZEmpC 100 Alkazaz v Enterprise IT Ltd [pdf, 242 KB]

    ...if the offer made in it was not accepted within five working days, the company was required to file its reply in the Authority and the matter would continue to a hearing. [22] What followed was an email exchange between lawyers including a request for, and comments about, draft settlement agreements. In that exchange Enterprise IT proposed its own terms of settlement and made an offer in an email labelled “without prejudice”. It expressly reserved the ability to refer to t...