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1. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...over an extended period of time. There are two reasons for these unusual circumstances. The first is that the applicant is unrepresented and an unusual degree of leniency has been allowed to him to lodge proceedings that are not in the required formats. The second is that the applicant now lives and works outside New Zealand and in circumstances in which it is difficult and time-consuming both to put together those pleadings and to have affidavits sworn any more than very infrequ...

2. Renner v Brownlie – Pipituangi A Block (2013) 29 Tairawhiti MB 57 (29 TRW 57) [pdf, 172 KB]

   ...for costs. The case manager then sent a letter asking Dr John Bunbury if he would accept appointment to represent the trustees, to be paid by the Special Aid Fund. On the same day, the case manager wrote to the trustees advising them of this request to Dr Bunbury. The applicants responded requesting to know why the trustees’ legal representation would be paid for by the Special Aid Fund, why security for costs was an issue, and why the trust itself was not responsible for secur...

3. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   ...plaintiff elicit from the defendant a very helpful first draft of the letter of support, she proceeded to request amendments with a view to strengthening the terms of the defendant’s support for her. [64] Eighth, on the defendant providing the requested amended draft, the plaintiff asserts she did not use the reference “because amongst other things it was a dishonest account of our relationship”. We do not believe the plaintiff. Her response dated 2 February 2008 to the first dra...

4. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...2 RESERVED DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Introduction [1] The practitioner denies two charges of misconduct. A defended hearing was held in Dunedin on 11 February 2013. The Tribunal requested further information be supplied by the practitioner. That has now been provided along with supplementary submissions from her counsel. On that basis the decision was reserved and the Tribunal now delivers its decision and supportin...

5. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...whakapapa and the entitlement to land premised in that whakapapa. While not all of the decisions of that Court were without challenge or error, in large part their determinations have survived and often lists of owners assembled from that era form a useful starting point for the basis of hapū origins for individual members. 26 Certain Crown grants are also used in this fashion. [58] In this case when Waitaha Tūturu were awarded original ownership of the land, they were the ha...

6. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...accountant, when it was not produced in evidence and Mr Wilson was not called? Section 73, Trustee Act 1956 (q) Finding that the appellants acted unreasonably? [13] The appellants submitted that they have committed no breaches of trust and performed their own duties and exercised their own powers properly. They have therefore acted prudently, and they claim there were no grounds for them to be removed. They ask that this Court quash Judge Harvey‟s decisions of 29 October 201...

7. Nicholas - Poike 8E (2018) 162 Waikato Maniapoto 90 (162 WMN 90) [pdf, 456 KB]

   ...freehold land situated in the Tauranga District. It comprises 1.8711 hectares and has 111 beneficial owners.1 [2] Mr Valentine Nicholas, an owner in the block, previously arranged for the Bay of Plenty Polytechnic to lease part of the block on an informal basis for the purposes of a car park. The Polytechnic agreed to pay $50,000 per annum for that informal lease, payments were made into a bank account in the name of the Pakere Trust, a private trust set up by the Nicholas whānau...

8. [2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd [pdf, 384 KB]

   ...by Hexion, Mr Greetham was moved from his position as a production co-ordinator to a role as an Environmental Health and Safety Co-ordinator. This change in employment designation occurred as a result of dissatisfaction with Mr Greetham’s performance in the former role. The new role was offered to him after unsuccessful attempts at performance management as an alternative to termination. There was no evidence that Mr Greetham disputed what had occurred. These events, w...

9. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...the application are recorded in full below as: I. At the AGM held on 3 May 2003, the treasurer produced the "AGM Financial Report" a copy of which is annexed to an Affidavit by Mere Martin dated 09 July 2003. The Affidavit refers to the requests made on . behalf of beneficiaries for further information. None had been provided. 2. We require clarification of the infOimation provided In the "Financial Report"; • There is no statement, of assets owned by the Trust...

10. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

    ...in Court on that day. 8. The 21 December appearance was adjourned administratively to 25 January 2016 for a case review hearing. 13 9. In January 2016 a sentence indication hearing was set down for 19 February 2016 at Mr Claver's request. This occurred administratively with no Court appearance. Mr Claver had not sought or obtained instructions from Mr B in relation to the sentence indication. 10. Mr Claver contacted Mr B two days prior to the scheduled hearing on 19...