Search Results

1. LCRO 106/2016 CA v BF (15 May 2017) [pdf, 92 KB]

   ...any quote is made in Mr BF’s letter of engagement, which sets out the terms on which he agreed to accept Mr CA’s instructions. [3] Mr BF provided Mr CA with copies of various emails, and followed up an authority to uplift the files from his former lawyer on or about 11 August 2015.3 Mr CA’s grievance had already been filed in the Employment Relations Authority (ERA) before Mr BF was instructed. Statements of problem had been prepared and filed, the employer’s evidence had...

2. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

   ...in this case. These were traversed in relation to a previous costs decision with the same parties.5 In practical terms the purpose of costs is to make a reasonable contribution to the costs of a party where that is appropriate, and not as some form of penalty. In the event that there is a liability for costs the Court would then go on to consider the appropriate quantum of costs. Should there be an order for costs? [8] This issue has been extensively considered by the Court in a pre...

3. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

   ...contravention of the trust accounting regulations where Mr Hong was generally obstructive in preventing a trust account inspector from completing his trust account review. Mr Hong’s obstructions comprised: (a) refusing the inspector’s repeated request for access to trust accounting records; (b) refusal to allow the inspector to visit his offices to review the complete files; and (c) persistent refusal to allow the inspector access to client files. [2] The result of those...

4. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...grant leave for the opposition to be filed out of time. Moreover, indulgences had already been granted to Mr Halse with regard to Court deadlines, including being granted leave to appeal out of time. By contrast, the DHB had not made any such requests in the past. Response by Mr Halse [16] Mr Halse, in submissions relating to the application for leave, says that the DHB’s position throughout this proceeding has been completely without merit, and that counsel for the DHB, and...

5. [2022] NZEnvC 111 The Trustees of Dokad Trust and Successors v Auckland Council [pdf, 993 KB]

   ...this is the objector that Mr Mawhinney represented at the Council hearing. 1 The Council submits that Mr Mawhinney has previously alleged that Dokad Trustees Ltd was the successor to all original objectors.2 [4] I issued a minute on 4 April 2022, requesting that the appellants identify the correct appellants and explain the appellants' relationship to the objector listed in the Council's decision, which was "Dokad Trustees Limited as successor to various previous obje...

6. Brown - Succession to Rua Paraone II (2024) 126 Tairāwhiti MB 113 (126 TRW 113) [pdf, 332 KB]

   ...previous mortgages, the family decided to repay the debt and lodge the caveat to prevent any further mortgages being registered against the property. However, only her and Simon Rua Brown have taken on the responsibility to clear the debt. She claimed the status quo in terms of occupation by Mrs Brown continued. [13] In reply, the applicant Mrs Brown, claimed that she was being threatened with removal from the property. This was denied by the family present, including Amelia Brow...

7. Estate of Barry v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 124 [pdf, 235 KB]

   ...care with Mr Barry on this weekend day (Saturday) was less than was warranted given his condition. My impression is that routine care was ‘on hold’ for the weekend and only crisis management would be provided. No physiotherapy care had been requested. [33] Dr Tiller went on to say: It is my impression again that Mr Barry was only receiving crisis care on this weekend day. There is no record in the notes of any ward round review. It should have occurred. Nor had there been...

8. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...minutes of that meeting record their attendance and that that discussion took place. [12] On 2 February 2012, Mr Nee Nee and Mr Nathan, at the conclusion of their shifts, went to the locker room. Mr Nee Nee had been there earlier in the day. He claimed that he noted on the earlier occasion that there was a box of beer in the fridge located in the mess room. He also claimed that there were some bottles of ginger beer in the fridge. During the day he noticed some of the other emp...

9. Rohipa v Campbell - Estate of Te Maungarongo Wiremu or Morgan Kingi (2008) 184 Gisborne 294 (184 GIS 294) [pdf, 475 KB]

   ...siblingY 184 Gisborne MB 302 Mr David Hawea Mr Hawea is a kaumatua ofTe Whanau a Kai, Wahia and Ngati Kohuru. He gave evidence by letter on the tikanga of these tribes in relation to tamaiti whangai related by blood. He advised that this form of customary adoption is well known and is generally accepted as a natural form of adoption by Maori, "which includes equal inheritance being naturally accepted." He confirmed that the way Jo-Vanna and the others were raised by...

10. Skinner v Harawira - Estate of Maryanne Harawira [2016] Chief Judge's MB 207 (2016 CJ 207) [pdf, 407 KB]

    ...Tohu Mere Tana Skinner applied for and was granted an order to gift back the shares she had received from her grandmother to her father, the applicant in this case. 4 [8] Regrettably in 2010 the applicant passed away. Prior to his passing he requested that his wife, Ngaire Skinner be added as a co-applicant. As part of his original application he explained the whakapapa (genealogy) of his family and the relationships between him, his daughters and Ngapiu Waana Harawira (grand-nie...