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1. 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...

2. 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...

3. [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...

4. 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...

5. 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...

6. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...the lack of any written communication from Mr WE to Mr UH. The only correspondence produced was Mr UH’s letter to Mr WE dated 7 February 2017, which refers to [“previous discussions”]. [103] In his affidavit Mr WE refers to “repeatedly [requesting] information from [Mr UH] which would support Mr VF’s claim”. It would appear that this was done verbally. [104] Where the issue is one of the sanctity — for all time — of a client’s confidential information, and where...

7. Three strikes offences December 2020 [xlsx, 114 KB]

   ...information does not answer your query you may wish to request specific information via an Official Information Act request. Information on this process is available on the Ministry website: https://www.justice.govt.nz/about/official-information-act-requests/ Published 16 March 2021 https://www.justice.govt.nz/about/official-information-act-requests/ 1a.Stage-1 offences Table 1a: Number and percentage of people who received a first warning for a stage-1 offence, by offence type, 2011 - 2020...

8. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...He also alleged that he lacked capacity to enter into the Agreement. 2.4 Mr Fenton subsequently failed to settle the purchase and provide vacant possession, resulting in the purchasers filing proceedings in the High Court, and specific performance of the Agreement being ordered in December 2016. 2.5 In April 2017, Mr Fenton made a number of complaints to the Authority regarding Ms Lethbridge’s conduct in the course of the transaction, including that Ms Lethbridge: (a) Mar...

9. 2020-12-07 Statement of Evidence of Simon Wilson on behalf of the ORC [pdf, 291 KB]

   ...in the Environment Court Practice Note 2014. I have complied with the Code of Conduct when preparing my written statement of evidence and will do so when I give oral evidence. 9 The data, information, facts and assumptions I have considered in forming my opinions are set out in my evidence. The reasons for the opinions expressed are also set out in my evidence. 10 Other than where I state I am relying on the evidence of another person, my evidence is within my area of expertise. I...

10. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

    ...Committee’s Notice of Hearing [24] Having received and considered the parties’ submissions, the Committee decided to set the following matters down for a hearing on the papers:4 Fees: a) Did Mr AB fail to comply with r 3.4 (provision of information about fees) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 [the Rules]? b) Did Mr RP request, and was he provided with, an estimate of fees? If so, did GHJ inform him promptly when it became appar...