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1. Superloans Napier Ltd and Cumming 28 March 2015 NZSHD 2 [pdf, 60 KB]

   ...dealers, are a rarity. [11] Part 3 of the Act (Subparts 1 and 3) spells out the obligations for licensed pawnbrokers under the Act. [12] Licence holders are required to display their licences, keep proper employee records and comply with certain requests from the Police. They have obligations to report and hold suspected stolen goods, keep proper dealers records, label pawned goods and verify the identity of pledgers. There are provisions relating to buyback contracts, the redemption p...

2. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...cited any authority in support of this aspect of the application. [19] In Lee v Minor Developments Ltd t/a Before Six Childcare Centre 12 Judge Shaw said that: [16] In Simpson v BB’s New Zealand Ltd 13 the High Court agreed that a request for costs of a judicial settlement conference was novel. It noted that such conferences are not included in the schedule of costs in the High Court Rules and held that this was a deliberate policy to encourage parties to attend and par...

3. [2013] NZEmpC 154 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Inc [pdf, 101 KB]

   ...Froggatt and Cross, were entitled to stand for office in the Union in accordance with its rules. Even if it they were not entitled to stand (which the Union denies), the Authority was correct, upon the defendant’s pleadings, in not acceding to the request for a compliance order. The Union also maintains that the allegation that the individuals concerned were not financial members cannot be sustained on the evidence. Allegations in the amended statement of claim as to fi...

4. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...21 December 2015. The courier information indicates that this item was in fact uplifted from Advance on 16 December 2015. Since this is the same date as the filing fee was direct-credited, I find that this was the date on which a courier was requested and attended, rather than 15 December 2015 as asserted in Mr Nadan’s submission. [15] If the courier had delivered the statement of claim according to expected delivery specifications, that is the next day, the statement of claim w...

5. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

   ...proper notice to be given to the preferred class of alienees. 3 Then on 24 February 2012 the application was heard at New Plymouth. 4 Mr Bidois in opposing the application considered that Ms Loach had gone about the sale in the wrong way by not informing the wider whānau interested in the land more directly. Mrs Denness also spoke of events surrounding the initial sale of the land. Ms Telford voiced a concern over possible subdivision options that the Jurys were purportedly consi...

6. Jahnke – Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274 (38 TRW 274) [pdf, 291 KB]

   ...Jahnke whānau abstained (32.687397 shares) and John Dewes was not present (1.9659). There was some support for Herman Jahnke to file a new application using his own shares (derived from his mother) for the occupation order. The idea of forming an ahu whenua trust was supported by 81.71475 shares and opposed by 36.31933 (Jahnke whānau). John Dewes was not present (1.9659). Discussion [31] John Dewes application for occupation order is well supported by all. There is a...

7. ENVC Hearing 27Jul15 AC suppl evidence Nicole Bremner [pdf, 180 KB]

   ...a. Marina Structures - Rule 23.5.8 - marina outside of a Marina Management Area1 - Discretionary Activity. b. Marina Structures - Rule 10.5.9 - occupation by the marina2 and other structures, including the parking deck with viewing platform3 - Discretionary Activity. c. Other Structures - Rule 11.5.5 - use of the parking deck and viewing platform4 - Discretionary Activity.                                      

8. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...[11] In CAC v Ross [2012] NZREADT 4 a client mistakenly paid deposit funds of $6,164 into the defendant salesperson’s personal bank account. The defendant retained part of these funds, transferring only $3,780.67 to the trust account of his former employing agent. The defendant retained the funds on the grounds that he was owed commission in respect of the relevant transaction. We held (at [24]: “The penalty imposed by us must have a deterrent element in order to emphasise, both

9. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...processing an expression of interest and a work application for that client. In the course of acting for this client Mr Martin failed to advise Mr S that Immigration New Zealand had declined the expression of interest submitted and failed to respond to requests by Mr S for information and in relation to a work permit application that he had been instructed to file. He falsely advised both Mr S and his agent that the expression of interest and work permit applications were being processe...

10. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

    ...determinative, because they will demonstrate conclusively that the practitioner is unfit to continue to practice as a lawyer. Charges involving proven or admitted dishonesty will generally fall within this category. [187] In cases involving lesser forms of misconduct, the manner in which the practitioner has responded to the charges may also be a significant factor. Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been e...