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1. Atutahi - Ototoika A14 Block (2020) 201 Waikato Maniapoto 153 (201 WMN 153) [pdf, 282 KB]

   ...Atutahi’s father. At that time, Huirau Atutahi owned half the shares in the block (18 shares). The remaining half shares in the block were owned by Max MacDonald (16.5 shares) and his sister Isobelle Smith (1.5 shares). [4] In 1964 at the request of his parents, Thompson Atutahi returned to Oparure from Auckland. The request was made due to his father’s declining health. He and his wife have lived in the dwelling ever since that time, raising three children and from time to...

2. Singh v Ryan - [2019] NZIACDT 76 (8 November 2019) [pdf, 293 KB]

   ...employment agreement between “BC International Ltd, TA Bite Consulting Group” and Mr Singh. The position was customer service manager. It was signed by Mr Kerr on 18 May 2015 and by Mr Singh on 20 May 2015. It stated that Mr Singh would perform his duties from 21 Queen Street (Auckland), remote offices, the Wellington office or from the clients’ offices. [20] On 19 May 2015, Mr Ryan sent Capital Immigration’s terms of engagement to Mr Singh. Capital Immigration agreed to...

3. 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...

4. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...criminal conviction? (b) Has Mr Hutcheson breached his trustees’ duties sufficient to warrant removal? [5] The applicants have made a number of serious allegations that involve past conduct and references to a number of transactions where it is claimed additional breaches of trustees’ duties may be evident. These issues are also considered in this judgment. Background [6] Porangahau 1B4’O’2 was created by partition order on 6 October 1915. 3 The block is Māori freehold...

5. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

   ...and Midwifery reporting directly to its Chief Executive, Mr Fleming. The catalyst for these proceedings were events which occurred between 22 August 2014 and 11 September 2014 when an unsuccessful attempt was made by Mr Fleming to complete a performance review of Dr Henderson’s work. Those events culminated in Dr Henderson’s resignation, conveyed to the DHB in her lawyer’s letter of 26 September 2014. [3] On 7 December 2009, Dr Henderson and the DHB entered into an individ...

6. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

   ...Member REPRESENTATION: Mr R Rafiq in person (no appearance) Mr S Cohen-Ronen for Defendant DATE OF HEARING: 12 and 13 April 2012 DATE OF DECISION: 8 April 2013 DECISION OF TRIBUNAL Introduction [1] On 9 November 2009 Mr Rafiq requested access to the personal information held about him by the Department of Internal Affairs. By letter dated 18 November 2009 the Department provided some information but other information was withheld pursuant to s 27(1)(c) of the Priv...

7. 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...

8. [2024] NZEmpC 104 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 304 KB]

   ...on 22 May 2023, seeking to join as defendants each of its employees on whose behalf the strike notice was given. The application was made under s 221 of the Employment Relations Act 2000 (the Act), in response to the union’s defence that the claim was deficient where the relief sought was against it when the strike was to be by the plaintiff’s employees. [5] The second application was by the defendant in response to the plaintiff’s stated ambition to continue to a substantive...

9. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

10. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

    ...employment mediation, and its terms of engagement were sent to TG the same day she made contact with them. In short, the client agrees to pay the greater of one-third plus GST of any financial settlement achieved OR $300 plus GST per hour for work performed, for work up to and including mediation with the employer. If the process continues beyond employment mediation, to the ERA or Employment Court, all work is to be performed on the basis of an hourly rate charge, that is, the contract...