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1. Tatai v Woodman - Waimahana D No3B Section 1 (2024) 282 Taitokerau MB 106 (282 TTK 106) [pdf, 318 KB]

   ...an immense amount of work has already carried out for the good of the place, the expenses incurred should be sufficient. If we pay one whanau, then we’ll have to pay the others (eg. D3A block shareholders). ACTION: Secretary to write letter requesting permission. Has Ms Woodman demonstrated that this tikanga has been laid down? [31] For the reasons that follow, I consider Ms Woodman has not demonstrated that this tikanga has been laid down concerning the allocation of occupation...

2. 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...

3. McAsey and Gill v Wellington 356 Committee APPEAL [2011] NZLCDT 41 [pdf, 216 KB]

   ...asked the First Appellant to accept his instructions to act for him in relation to the matter. The First Appellant had agreed to act and was advised by Mr Munro that she would be contacted by the neighbour concerned, or his solicitor. Mr Munro had requested that, once the First Appellant had heard from the neighbour or his solicitor, she contact him to advise him in relation to the proposal. [13] On 1 October 2007 the neighbour had provided the First Appellant (via email) with draft...

4. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [pdf, 176 KB]

   ...Shadforth duly provided an affidavit sworn on 7 September 2017. In that affidavit, she withdraws all aspects of the complaint relating to client B. Client A is identified as UQG, a former client of both MBL and Ms Shadforth. [24] Ms Shadforth requests the Tribunal to obtain a full copy of the file from the Authority. I decline to do so. For the reasons given in the assessment which follows, the complaint does not warrant any fuller investigation. [25] The Registrar’s investiga...

5. Wirihana-Tawake v Kauika-Stevens - Rangitatau 1D5A1 Takirau Marae (2021) 434 Aotea MB 114 (434 AOT 114) [pdf, 313 KB]

   ...the applicant is set out in Mr Wirihana-Tawake’s email of 16 October 2020 to Mr Kauika-Stevens. In short: (a) Mr Kauika-Stevens had signed the original tenancy agreement between the trust and himself rather than an updated version which he had requested; (b) The original tenancy agreement included a weekly rental of $150.00 which Mr Kauika-Stevens has subsequently refused to pay; (c) The trustees were directed by the Court to obtain average house rental prices in the area which...

6. [2008] NZEmpC AC 1/08 Yong t/a Yong and Co Chartered Accountants v Chin [pdf, 34 KB]

   ...until she resigned on 25 November 2005. She alleged that the termination of her employment ought to be regarded as a constructive dismissal and sought remedies by way of compensation for distress and reimbursement of lost income. She also made a claim for arrears of wages in the form of holiday pay owing to her. [5] Those claims were the subject of an application to the Employment Relations Authority filed in February 2006. The Authority investigated the matter and gave its dete...

7. [2006] NZEmpC AC 33/06 Roberts v Commissioner of Police [pdf, 41 KB]

   ...Burns, Counsel for Defendant Judgment: 27 June 2006 Judgment of Chief Judge GL Colgan [1] The essential question on this challenge to the determination of the Employment Relations Authority is whether Neil Roberts’s personal grievance claim was struck out wrongly for limitations reasons. It involves interpretation and application of transitional provisions in the Employment Relations Act 2000. Background [2] The challenge has reached this point for decision by an unu...

8. Storie & Raynes v CAC10057 & Barlow [2012] NZREADT 7 [pdf, 158 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”. 3 [7] 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 appe...

9. KR v HS LCRO 227/13 (7 November 2014) [pdf, 107 KB]

   ...firm’s subsequent application to the Disputes Tribunal to recover its fees has been stressful, embarrassing and humiliating to her. [5] Mr HS provided correspondence addressed to Ms KR during the time he acted for her which contains his repeated requests for her to provide further information in support of her legal aid application, and his advice to her that if she failed to provide the information her legal aid application would be refused. In mid-2011 Mr HS advised Ms KR tha...

10. [2020] NZEnvC 119 SKP Incorporated v Auckland Council [pdf, 270 KB]

    ...awards are then found to <::,··\ be appropriate, the financial reckoning being taken in that more definitive way . . ,-.,, 8 Conclusion [32] First time round the Council adopted a neutral stance on suspension and I granted SKP's request expressly with some reluctance. The neutrality of the Council has evaporated, and I have needed on this occasion to examine the latest request for suspension more formally and closely. That I have done, and for the reasons given dur...