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1. Smith v The Māori Trustee - Waipaoa 5A2 (2014) 44 Tairawhiti MB 104 (44 TRW 104) [pdf, 188 KB]

   ...lieu of receiving compensation. 3.4 The MLC confirmed a lease under Part XXIII/53 to the Smiths for a term of 21 years from 1 September 1954 with a right of renewal for 21 years and appointed The Māori Trustee agent to administer the lease. Clause 21 of the lease detailed the value of improvements belonging to the Lessors at the commencement of the lease as €5360 being for the dwelling €535 and other buildings €300 plus fencing, clearing grassing and other improvements....

2. Murphy v CAC 10060 & Cussen [2012] NZREADT 52 [pdf, 41 KB]

   ...definition on the Tribunal saying that the definition of Real Estate Agency work included a separate section relating to any work done by a branch manager. If they argued the wider definition preferred by the REAA was correct, provided then this clause would be redundant. The second respondent submitted that the Tribunal should prefer a more narrow interpretation as the wider definition would lead to difficulty “reconciling conduct for which unsatisfactory conduct findings may be mad...

3. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

   ...engaged a debt collection agency, and sought to recover $2,366.67. [11] The Registrar identified potential infringement of professional standards during the course of Mr R’s engagement, the allegations were that potentially: [11.1] Mr R breached clause 20(a) of the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code), which required that any fees charged be fair and reasonable in the circumstances. The grounds for potential breach of that obligation were: [11.1.1] Mr R...

4. Portsoy v Riding LCRO 55 / 2010 (4 August 2010) [pdf, 95 KB]

   LCRO 55/2010 CONCERNING An application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Hawkes Bay Standards Committee BETWEEN MR AND MRS PORTSOY of North Island Applicants AND MR RIDING of North Island Respondent The names and identifying details of the parties in this decision have been changed. DECISION Background [1] The Practitioner in this review is Mr Ri

5. 2021-02-22 Special Advisor (Ian Gordon) - submission on Willowridge s 281 application [pdf, 150 KB]

   ...s 149U. Section 149U requires the Court to have regard to or consider certain specified matters. In the context of the present proceeding, the Court is directed by s 149U(6)(a) to apply cls 10(1)-(3) of sch 1 as if it were a local authority. Clauses 10(1)–(3) provide: 10 Decisions on provisions and matters raised in submissions (1) A local authority must give a decision on the provisions and matters raised in submissions, whether or not a hearing is held on the proposed pol...

6. [2020] NZEmpC 31 Zara's Turkish Ltd v Kocaturk [pdf, 357 KB]

   ...agreement but has been extended to capture all and any documents held by Immigration New Zealand about Mr and Mrs Kocatürk, covering several years. [8] MBIE is not a party to these proceedings so the application must be dealt with by using clause 13 of schedule 3 to the Employment Relations Act 2000 (the Act). Non-party discovery is dealt with as follows: 13 Discovery (1) The court may, in relation to discovery that relates to proceedings brought or intended to be brought in...

7. [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 235 KB]

   CULTURESAFE NZ LIMITED v TURUKI HEALTHCARE SERVICES CHARITABLE TRUST NZEmpC AUCKLAND [2018] NZEmpC 115 [1 October 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 115 EMPC 152/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for a stay BETWEEN CULTURESAFE NZ LIMITED First Plaintiff AND ALLAN HALSE Second Plaintiff AND TRACEY SIMPSON

8. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

   HOUPAPA V WOODS MLC 44 Waikato Maniapoto MB 167 [24 August 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO-MANIAPOTO DISTRICT 44 Waikato Maniapoto MB 167 (44 WMN 167) A20110005059 UNDER ss 326 A-D of Te Ture Whenua Māori Act 1993 IN THE MATTER OF an application for an order granting access to Taharoa A Sec 6D No 2 Block BETWEEN TREVOR PATEA HOUPAPA Applicant AND KENNETH LAWRENCE WOODS, PAULA JANE WOODS AND KAREN SIXTUS Respondents Hearing: 2 De

9. Practice Note applications under the protection of Personal and Property Rights Act [pdf, 109 KB]

   ...a suitable person to be appointed by the Court as a welfare guardian for the following reasons: (Set out your reasons. The Court needs to be satisfied that the applicant is a person who can be entrusted with the statutory obligations (set out in clause 13) and that there are no factors – legal or otherwise – that would stand in the way of an appointment. Therefore you need to cover the following: • Are you or have you ever been the subject of a bankruptcy order made under the I...

10. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

    ...communicated to Mr Ngawaka in a letter of 20 September 2018. He was invited to a meeting to be held on 28 September 2018, at 4 pm. As well as stating the allegations to be investigated at that meeting this letter referred him to four separate clauses in the employment agreement considered to be relevant to this inquiry. An opportunity was provided to inform the company if the nominated meeting time was unacceptable and Mr Ngawaka was invited to bring a support person, or r...