Search Results

1. [2025] NZSSAA 18 (30 May 2025) [pdf, 196 KB]

   ...Australia, XXXX progressed in her career, eventually becoming a data architect. 6. In March 2020, XXXX returned to New Zealand permanently, prompted partly by her daughter's concerns during the COVID-19 pandemic. This return demonstrates her enduring intention to make New Zealand her home, which she had maintained even during her period of residence in Australia. Her daughter has since married and had children. 7. It is noted that throughout her 12-year period in Australia...

2. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

   ...Counsel also did not accept the contentions of the Māori Trustee that it necessarily lacks the standing to proceed against the Slights, if joined as a third party. As there was privity of contract between the Māori Trustee and the Slights, which endured for the duration of the lease, it was submitted that it is at least arguable that they have standing to bring a claim against the Slights. Such a claim could still be explored by joining the Slights as third parties. [16] Counsel...

3. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...[23] Mr Rea also emphasises that the defendant has had misconduct charges, and the threat of potential cancellation of his licence hanging over his head for a year or so and submits that, in itself, has been a significant penalty which he has already endured. [24] It is also put by Mr Rea, on behalf of the defendant, that the defendant has not previously appeared before us, nor ever been the subject of any other complaint at any level, and has a completely unblemished career apart from...

4. [2013] NZEmpC 192 Gupta v Infosys Technologies (Australia) Pty Ltd [pdf, 113 KB]

   ...Rooney’s criticisms of the ongoing delays on Mr Gupta’s part. The Court’s lack of jurisdiction in this matter cannot be righted by any submissions Mr Bennett may be able to advance and rather than prolong the ongoing difficulties he has obviously endured in obtaining instructions from Mr Gupta (as revealed in [2] above), I decline the plaintiff’s application for an extension of time in which to make further submissions. [24] For the same reasons, and in order to a...

5. Henaghan & Anor v CAC 20002 & Anor [2014] NZREADT 21 [pdf, 100 KB]

   ...favour of publication; and that the key issue is to consider the public interest. In that respect, counsel for the applicants note that the appeal is set down for hearing on 5 May 2014 so that interim non-publication orders, if granted, would only endure for about seven weeks; that the complainants are neutral on the question of interim name suppression; and put it that this case is highly fact-specific such that the Committee’s decision is unlikely to be of general educational use to...

6. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] In August 2013 Mr JE lodged a complaint on behalf of his father CE about advice provided by Mr FG in relation to enduring powers of attorney (EPA), the validity of those documents, and Mr FG’s conduct following receipt of a letter from CE cancelling the property EPA in which he had appointed his daughter (Ms HK) and Mr FG as joint attorneys. [2]...

7. AA v ZZ LCRO 156 / 2010 (24 January 2011) [pdf, 100 KB]

   ...complaint made by Mr AA (the Applicant) against, Ms ZZ (the Practitioner). [2] This review relates to a complaint made against the lawyer acting for the Applicant‟s wife, L. The Practitioner had acted for L in the preparation of the revocation of an Enduring Power of Attorney (EPA) and in the preparation of a new EPA. The Applicant had been the attorney in the EPA that was revoked. At the time that she signed the documents L had been a resident at the X Clinic on a voluntary adm...

8. Elisara v Aasa [2014] NZIACDT 69 (19 June 2014) [pdf, 193 KB]

   ...online ed) at incompetence definition), [37] Accordingly, I take the approach that to establish incompetence, it is necessary to find the adviser lacked the skill or ability to perform her professional duty. That is not necessarily a permanent or enduring circumstance and it is not necessary to find that the adviser was generally incompetent. However, I consider it is necessary to establish that in some material respect she provided her professional services without the knowledge or sk...

9. Samuelu v Aasa [2014] NZIACDT 67 (30 May 2014) [pdf, 190 KB]

   ...unable or unqualified to do something. [35] Accordingly, I take the approach that to establish incompetence, it is necessary to find the adviser lacked the skill or ability to perform her professional duty. That is not necessarily a permanent or enduring circumstance and it is not necessary to find that the adviser was generally incompetent. However, I consider it is necessary to establish that in some material respect she provided her professional services without the knowledge or skill...

10. Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) [pdf, 270 KB]

    ...the applicants delayed in bringing the application to such an extent that it would be inequitable for the Court to now make the orders sought? Applicants’ submissions [8] The applicants submit that given Mr Patene’s life interest was only to endure until remarriage the funds received after he remarried belong to them. They say that despite being aware of their father’s remarriage in 2004 they did not seek recourse to the Court as they wished to resolve the matter out of Cour...