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1. Dooley v Accident Compensation Corporation (Costs on Review) [2025] NZACC 72 (6 May 2025) [pdf, 223 KB]

   ...issues with Mr Dooley contending he had not received various documents from the Corporation. As a preliminary point, I am satisfied however, that as of June 2024, based on courier receipts of delivery and Mr Dooley’s acknowledged receipt of requested documents there were no outstanding document requests from Mr Dooley. Further Judge Sinclair’s minutes of 15 and 31 October 2024 record compliance by the Corporation with its s 154 document provision obligations. [39] The Court m...

2. [2024] NZSSAA 15 (13 August 2024) [pdf, 140 KB]

   ...Zealand as Cambodia was still COVID-19 free. [31] The Ministry’s information records that XXXX received a jobseeker support (JSS) benefit at various times when he was back in New Zealand in 2015 to 2018. Information associated with requests for financial assistance in 2015 and 2016 advised that XXXX resided in New Zealand with his wife and had left to seek a work opportunity in Cambodia and for “medical tourism”. In January 2016 XXXX also reported that he was tr...

3. Central Standards Committee 3 v Mr P [2025] NZLCDT 37 (1 August 2025) [pdf, 136 KB]

   ...seeking a protection order, given what actions she understood to have already been taken by OT, and simply wished to protect her day-to-day care of the children “pending resolution of the investigation and any prosecution that might follow”. She requested that the father be granted “such contact as may be approved by Oranga Tamariki”. [22] This affidavit was sworn between 1 and 2 pm on the same day as the interview. Mr P’s instructions were that this was an urgent matt...

4. Canterbury Standards Committee v A Practitioner [2015] NZLCDT 44 [pdf, 41 KB]

   ...of interest in that D was the registered proprietor of the C property in his capacity as trustee of the estate of his uncle. He referred D to another solicitor for independent advice. That solicitor advised D not to proceed with providing the requested security over the C property. D declined to accept the advice given. The independent solicitor then attended to the completion of the securities. He also attended to the registration of the mortgage documents over the C property....

5. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

   ...as provided in the relevant award, or for a sum calculated in accordance with the minimum wage prescribed by the Minimum Wage Act 1945. The evidence established that, in respect of the 32 hours of work at ordinary time which the plaintiff performed during the week in question, he had received a sum in excess of what he would have received had he worked 40 hours at the minimum wage rate. 2 [1950] NZLR 481 [14] Mr Toogo...

6. Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (2013) 63 Taitokerau MB 299 (63 TTK 299) [pdf, 224 KB]

   ...to any “reasonable terms and conditions” imposed by the Trust. The lot owners fronting Lot 1 (including Ms Yates) have a right of access over Lot 1 and “the right to develop and maintain that access including any essential earthworks and formation, but subject to the right of the trustees of 6 Yates v Te Kohanga Lots 1 and 3-27 Trust at [28]. 63 Taitokerau MB 304 Lot 1 to consent to any such works and to impose reasonabl...

7. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

   ...detriment of the trust. The 1999 transfer deprived the trust of its right to be recorded as the legal owner of 1.7912 ha reservation area. This formed the grounds for the claim that Areka Phillips’ actions constituted fraud. The transfer also forms the basis for the claim that Areka Phillips, as a trustee, was in breach of trust in arranging the transfer. The claim in personam also arises from these actions which are said to be to the detriment of the trust. 2013 Maori App...

8. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...September 2006. However, on 25 August 2006 Ms Afa sought an adjournment of the hearing as a shareholders meeting was scheduled for 14 October 2006. A new hearing date of 19 December 2006 was then allocated, however, that was later also vacated at the request of Ms Afa as it did not suit Mr Samuels. A further hearing date of 14 FebLUary 2007 was later also vacated at the request of Mr Davis, who by the begirming of this year had taken over acting for Mr Samuels. [7] On 6 March 20...

9. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...malfeasance. However, as pointed out by Mr Kahukiwa, the test to apply is not one confined to obvious abuse, failure or malfeasance. Rather the legislation may, depending on the circumstances of each case, also require a consideration of trustees' performance to assess whether they have carried out their duties satisfactorily. In considering performance, the rules of natural justice must be observed, the appropriate legal thresholds as provided for in the Act, the Trustee Act 1...

10. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

    ...failing to comply with Court directions. (b) Ms DC was incompetent in that: (i) she did not know what a s 133 COCA report was; and (ii) she did not file documents correctly and had to be corrected by a judge. (c) Ms DC failed to respond to requests from other counsel as to filing documents and clarifying contact arrangements. (d) Ms DC acted unprofessionally by calling another lawyer names in front of members of the public. (e) Ms DC misled the court as to her knowledge of the...