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1. Tautuku Block XIII Section 14 Trust v Cairns (2012) 16 Te Waipounamu MB 63 (16 TWP 63) [pdf, 178 KB]

   ...current trustees are Geroge Tikao, Graham Gremell, Natalie Hoani, Peter Roben and Richard Manning. 1 CFR OT 168/252; CFR OT168/251; and CFR OT168/249. 16 Te Waipounamu MB 65 [8] The blocks were formerly administered collectively by the Tautuku Waikawa Lands Trust. Applicants’ submissions [9] An application was lodged by the three Tautuku block ahu whenua trusts seeking orders for rental arrears, re-entry to and vacant po...

2. Lee v CAC 10048 & Cho [2012] NZREADT 65 [pdf, 62 KB]

   ...In early January 2011 Mrs Lee executed another Sole Agency Agreement with Barfoots which showed a listing price of $745,000 and search indicators between $660,000 and $740,000. 3 [6] Mrs Lee was also concerned as Mr Cho was [at the request of her solicitor] providing information to Mrs Lee’s mortgagees about the sale process in order to stave off a mortgagee sale. Mrs Lee was surprised and concerned to receive a verbal offer from a vendor who said that he understood tha...

3. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...that her responses had not provided sufficient information about the reasons for the proposed employment changes, and asserted that “[w]ithout any business plans there can be no justification for any redundancy.” Mr Ogilvie reiterated his request for advice of ongoing business plans and the reasons for any changes to Mr Saomai’s job. [21] There was a meeting between Mr Saomai, his wife and his representative with Dr Blake and Prestige’s lawyer on 17 February 2016 at...

4. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...6 September 2012 and circulated to the trustees for their information and comment that day. This was then over 10 months after the first hearing. On 26 September 2012 the trustees filed a submission in respect of the audit report findings and requested a hearing to address their concerns. A copy of their submission was sent to counsel for the respondent, Mr Winitana. On 15 October 2 275 Aotea MB 188 (275 AOT 188) 319 Aotea M...

5. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...a.m. on Monday 7 May the licensee e- mailed the information that had been requested by the complainants on 5 May 2012. One hour later the complainants confirmed receipt of the e-mail. Less than two hours later, the complainants e-mailed the licensee requesting a meeting. A short e-mail exchange ensued and the complainants suggested a time to meet the licensee. [7] Later that evening, complainants phoned the licensee to see whether the vendor would consider an offer of $275,000. That l...

6. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...in respect of the central issues of the finding of “gross negligence” or as to the deficits in governance set out in the Summary. [25] The Summary of Facts in this case was relied on for the purposes of sentencing and since that sentence forms a considerable basis for the determination of both liability and penalty, if relevant, in disciplinary proceedings, we are not prepared to allow the practitioner to resile from its core contents. We have however been prepared to hear M...

7. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and...

8. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...person’s past behaviour reflecting on their honesty or character may have been such that he or she should not be permitted to trade with the protection from personal liability offered by the corporate structure. Any tendency to dishonesty or other forms of misconduct may be better checked if the person knows that he or she has to act in their own name and with unlimited personal liability. Issue 3: The Present Case [35] As noted above, in Gollins we found that Mr Gollins’ conduct...

9. DL v WR & WQ LCRO 39 / 2011 (29 September 2011) [pdf, 91 KB]

   ...which took place, in the end, come down to what each of the parties will accept to settle the matter. To that extent therefore the detail of the figures, although they must have some foundation, will not necessarily be precise. [62] Mr WO had formed the view that after making provision for the earlier commencement of the new lease, the sum of $50,000 represented the best that could be achieved in negotiation. It was certainly a long way from the original sum claimed by the land...

10. FP v UW LCRO 225 / 2010 (11 October 2011) [pdf, 99 KB]

    ...These included: the facts the issues potential causes of action strategy costs. [30] UV made a file note of the content of that discussion which UW referred to at the hearing. A copy of that file note was provided to me at my request following the hearing. The file note is in UV’s handwriting and it is apparent that it was made as the discussion proceeded, as the content is in some cases abbreviated. Nevertheless the file note is a useful record of what was dis...