Search Results

1. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...2021 Chief Judge’s MB 788-804 (2021 CJ 788-804). 12 2021 CJ 788-804, above n 11. 2023 Chief Judge's MB 740 [9] This file was not referred to me for my decision with the minutes and submissions until 3 October 2023, despite repeated requests for the file from my office. There is absolutely no excuse for this extended period of delay, and I apologise to all parties on behalf of the Court. Ngā Ture The Law [10] The Chief Judge’s jurisdiction to amend or cancel an...

2. ENVC Hearing 6Oct14 DM Piritahi Paora Joseph [pdf, 119 KB]

   ...Rapata Te Rou. 11. Rapata was one of 5 shareholders in what was known as Te Huruhi No.12 (Matiatia), a 2,100 acre block running from a north-east line from Hekerua through to the Burrell Road ridge back through western Waiheke. In 1869 title was formed (please refer to the attached appendix 1). On his portion of this block at Matiatia, Rapata gardened, cut firewood and ran sheep. 12. He also owned 5 schooners successively over a 30 year period, from 1840 -1870, using them to s...

3. WD v KG LCRO 185/2015 [pdf, 104 KB]

   ...[21] The application for review was not withdrawn, and in October 2016 Mr WD provided a “Complete statement for LCRO hearing” which was forwarded to Mr KG. [22] No further comment was received from Mr KG and in November 2016 this Office requested consent from both parties for the review to be completed on the material to hand. Both parties provided their consent and the reviews were then scheduled for completion on the papers.12 [23] On 27 February 2017 this Office received...

4. Zhong Wei Zhou v Complaints Assessment Committee 412 & Shu (Sue) Zhou [2017] NZREADT 49 [pdf, 160 KB]

   ...Mr Xu’s representations as to his authority to act as intermediary without obtaining written confirmation of his authority or confirmation of the power of attorney,5 but found that there was no evidence that she had taken any steps to seek or request confirmation from the appellant of her authority to market lots 89 and 95. [13] The Committee found that the second respondent was in breach of rr 5.1, 5.2, and 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care)...

5. LCRO 55/2018 ND v RS (18 April 2019) [pdf, 105 KB]

   ...information to her client Council that she had or acquired that was relevant to the inquiry Council had engaged her to carry out. [29] This Office cannot determine arguments over privilege in the civil jurisdiction. However, it is relevant to note that claims to privilege rely on confidentiality. Requesting an inquiry and agreeing, with the benefit of legal advice, to give evidence in that inquiry is inconsistent with an expectation that the information disclosed is confidential, or...

6. [2019] NZEmpC 108 Plan B Limited v Roberts [pdf, 217 KB]

   ...[13] Under Mr Robert’s employment agreement, Plan B was entitled to ask Mr Roberts to sign an acknowledgment and undertaking regarding his continuing obligations as to protecting confidentiality. Mr Roberts advised Mr Scott, in response to the request for the acknowledgment and undertaking, that he was taking advice. Clearly, Mr Scott became concerned and arranged for a check of the emails of Mr Roberts. With the assistance of the systems engineer Mr Lockington, it was ascertai...

7. LCRO 185/2015 WD v KG (6 July 2017) [pdf, 87 KB]

   ...[21] The application for review was not withdrawn, and in October 2016 Mr WD provided a “Complete statement for LCRO hearing” which was forwarded to Mr KG. [22] No further comment was received from Mr KG and in November 2016 this Office requested consent from both parties for the review to be completed on the material to hand. Both parties provided their consent and the reviews were then scheduled for completion on the papers.12 [23] On 27 February 2017 this Office received...

8. OX v S Ltd [2021] NZDT 1584 (28 June 2021) [pdf, 257 KB]

   ...consumer would expect to obtain from the trolley. The manual says the “on/off” switch can be used to operate the trolley; it does not warn against such use. It also specifically acknowledges the heavy duty workload the trolley is expected to perform. 30. Either the operation switch should be capable of withstanding thousands of uses in a year, or there needs to be much stronger guidance that that is not the intended use. 31. There is a reference in the manual to disconnecting...

9. [2021] NZACC 97 – Worthington v ACC (6 July 2021) [pdf, 212 KB]

   ...tendon tear with trochanteric bursitis. He stated that this represented gluteal tendonopathy i.e. hip rotator cuff disease, which was a gradual process symptomatically aggravated. He could not establish a direct causal link of the condition to the claimed personal injury by accident. [20] On 15 February 2017, the Corporation declined the request for elective surgery funding. The letter noted "surgery is required to treat a gluteal tendon tear and tronchanteric bursitis of the r...

10. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

    ...[31] The Committee first considered details of the events that occurred at the meetings between Mr WU and Mr CT, with particular reference to the content of Mr MQ’s affidavit.25 20 At [5]. 21 At [6]. 22 Mr MQ has emphasised this by requesting that the review refer to Mr CT as the respondent. 23 Standards Committee determination (22 February 2022) at [10]. 24 At [13]. 25 MQ affidavit (20 October 2020). 6 [32] It then noted details of the communications between...