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1. Auckland Standards Committee 1 v Wintour [2025] NZLCDT 25 (7 May 2025) [pdf, 203 KB]

   ...but we find his character is not as deeply or extensively stained as was the case in Murray. [14] At almost 63 years of age, Mr Wintour’s only prior disciplinary matter occurred several years ago – unsatisfactory conduct in a failure to pay a fee into a trust account and the loss of a client’s memory stick. They were matters dealt with by his junior for whose work he was responsible. In the eight years this current case has been wending its way towards us, there is no indica...

2. Skerrett-White - Allotments 302 - 315 town of Richmond and Richmond Township Allotments 18 - 20 (2013) 2013 Chief Judge's MB 473 (2013 CJ 473) [pdf, 393 KB]

   ...desired by the Trustees to sell the lands and use the net proceeds for the betterment of Ngati Hinerangi in terms of Te Ture Whenua Maori Act 1993. [62] The application also requested that the registered caveat be removed. [63] The memorandum filed in support notes that “When the general titles were issued in 1949 it was recognised then that the registered proprietor held the title in a trustee/representative capacity”.20 It states that the caveat 17169 was registered: ... aga...

3. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...at Tauranga) 28 July 2008 at 121 Whakatane MB 265-286 (Heard at Whakatane) Appearances: Ms R Paul for Christina Josephine Ellis Judgment: 19 February 2010 DECISION OF CHIEF JUDGE W W ISAAC Introduction [1] This application filed by Christina Josephine Ellis or Christina Williams (hereafter referred to as Christina Ellis) pursuant to section 45 of Te Ture Whenua Māori Act 1993 concerns a vesting order dated 10 November 1981 (“the 1981 order”) at 42 Tauranga...

4. LCRO 160/2017 EH v FP (23 April 2018) [pdf, 192 KB]

   ...and questions the validity of decisions made by the trustees” including “the validity of their appointments” the proper course for Mr EH “is an application to the courts”. Application for review [26] In his application for review filed on [date], Mr EH seeks: (a) an admission from Mr FP that [Mr FP] “misrepresented himself as a legal trustee”; and (b) recusal by Mr FP from any further involvement with the trust without “waiv[ing] the right of any of the benef...

5. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...Whakataunga: Judgment date 6 March, 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA C L FOX Judgment of Chief Judge C L Fox 2024 Chief Judge's MB 213 Hei timatanga kōrero Introduction [1] This application was filed by Katrina Miriama Bevan (“the applicant”) who seeks an order to amend two succession orders made at 69 Waikato Maniapoto MB 240-243 on 5 December 2013 relating to the estate of both Kathleen Paikea and Hemi Wharepaikea also known a...

6. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...by the trustees.3 The reservation is administered by trustees, namely Nanette Christine Kernohan, Nicholas Curtis and Te Ra Tautau.4 Application [4] The Court has before it an application under s 315 and 338(5) of the Act. The application was filed on behalf of the Gisborne District Council (“Council”) on 23 December 2010. 1 89 Waiapu MB 314 (89 WP 314). 2 187 Gisborne MB 262 (187 GIS 262). 3 NZ Gazette (15/10/2009) No 152, p...

7. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [pdf, 274 KB]

   ...they had the same satisfaction and whether they could sleep soundly at night. Mr Horan sent his best regards to all, except “for those whose agenda has created a ‘travesty of injustice based on their own incompetence’”. [27] The Authority filed a statement of complaint (dated 9 May 2017) with the Tribunal, together with supporting documents. It alleges Mr Horan breached the Code in the following respects: (1) Expressed criticisms of Immigration New Zealand and its staff in...

8. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...or discourage me from future complaints / reviews, then the problems within the culture of civil servants who seek not to be accountable for their actions and roles, are likely much deeper than I first realized. [30] The Registrar of the Authority filed a statement of complaint with the Tribunal on 10 January 2018. [31] The Registrar contends that Mr De’Ath has breached cl 1 of the Code obligation to be professional and respectful, in the following manner: (1) Submitted OIA reques...

9. Tidmarsh v Glover [pdf, 271 KB]

   ...1999. [18] In or about March 2003, the Claimants first observed evidence of water penetration, namely water running out of the recessed ceiling lights in the lounge below the rear upper level deck. [19] On or about 8 July 2003, the owners filed a claim with the Weathertight Homes Resolution Service (the WHRS). [20] Shortly afterwards the owners cut a hole in the lower lounge ceiling to investigate the source of the water they observed running out of the recessed light f...

10. Kendal v Sherbourne LCRO 69 / 2009 (19 August 2009) [pdf, 57 KB]

    ...evidence both by affidavit and orally. Ms Kendal was unable to attend and a letter from her was provided to me. At the conclusion of the hearing I issued a minute granting leave for an affidavit of Ms Kendal confirming the contents of that letter to be filed within five working days. I also indicated that the files held by Ms Sherbourne in respect of the transactions (which she had offered to supply) should be provided to me. I have received those files and had an opportunity to exami...