Search Results

1. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [pdf, 252 KB]

   ...that no objection was raised by Ms MX’s fellow trustees does not dispose of the complaint. But it is a factor to be considered when addressing the broad context of the complaint. [47] The lawyers accepted instructions to act as executors at the request of the [ABC] Family Trust. [48] The lawyers noted that the trust deed required any action taken by the trust to be sanctioned by the majority of the trustees. [49] The lawyers submit that Ms MX was not and had never been a client...

2. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...under s 244 to vary the trust. [90] I note that there was no evidence filed by the applicant to show that that there is support, let alone sufficient support under s 244 to seek a variation to the Trust Order. That is a pre requisite for any request for a variation or to order an SGM to consider any variation. [91] A Trust AGM is also scheduled for the 19th of November 2022. Given the afore- mentioned, I see no valid reason to order an SGM at this time. [92] I envisage matters inv...

3. Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 (26 October 2022) [pdf, 183 KB]

   ...never produced any invoice relating to reports to support his claim that he believed they cost $3,450. [25] At the beginning of the second day of the hearing, Mr Tennet chose not to offer his office manager Mr Hunter for cross-examination. He had formed the view overnight that his office had mis-stated the cost of disbursements to Legal Aid. If his Exhibit B accurately represents payments out, there is a question for Mr Tennet (and perhaps the Police) as to who really was the paye...

4. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

   ...Email Kennelly to QA: Sorry [Q] I thought I had sent this to you last Friday. 5 This email is correctly transcribed here. It contains errors. The ‘donor’ and ‘donee’ should have been reversed. The errors were corrected in the final form of the Deed. 4 I had your father sign it and said would witness and send to YN once you were happy with the deed. • Email QA to Kennelly: Patrick, It is very brief but I suppose it does the job. Two quick questions; 1. Is the...

5. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   SIOUXSIE WILES v THE VICE-CHANCELLOR OF THE UNIVERSITY OF AUCKLAND [2023] NZEmpC 45 [20 March 2023] ORDER FOR NON-PUBLICATION OF INFORMATION CONTAINED AT [79] OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 45 EMPC 477/2021 IN THE MATTER OF an application for leave to file amended pleadings AND IN THE MATTER OF applications for non-publication orders

6. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...Keenan was convicted of theft from the Ngāti Te Whiti Whenua Tōpū Trust (the trust) of almost half a million dollars, taken during the period he was the trust’s Chief Executive Officer (CEO).1 [2] Judge Harvey (as he then was) granted the now former trustees of the trust relief from liability per s 131 of the Trusts Act 2019, in relation to the financial losses caused by Mr Keenan’s theft. Judge Harvey reserved his decision on three separate but related liability and relie...

7. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

   ...approach applications for PAL 4 approval with a degree of care that is proportionate to the kinds of case for which approval is sought. The effect of the LCDT decision and the Court of Appeal decision. [54] I do not consider that the LCDT decision requested by the Secretary in the November decision, or the Court of Appeal decision referred to by Mr. Hurd, can now count against the Applicant on the skill, knowledge, and competence issues. While the LCDT decision did make certain...

8. Oliver v Accident Compensation Corporation (Personal Injury) [2023] NZACC 208 [pdf, 288 KB]

   ...assessment report and treatment plan ("ARTP") for a procedure to remove the plate and distil screws. [15] Mr Oliver subsequently saw his General Practitioner, Dr Longworth, at Kaipara Medical Centre. Dr Longworth filed an ACC injury claim form for injuries including a fracture to the left tibia and fibula, an open wound of the lower limb and a fracture/disruption of the pelvis. The claim form described the accident on 26 April 2016, as follows: Fell six stories from the...

9. Burson v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 36 [pdf, 270 KB]

   ...was following me found me and rang Ski Patrol, who took me to the lodge and gave me the once over and they assessed that I didn’t have any broken bones … [3] On 5 April 2013, the appellant saw his GP, Dr Smith, who lodged an ACC injury claim form with the diagnosis of “sprain shoulder/upper arm”. [4] The surgery notes for 5 April 2013 are as follows: Subjective Fell over skiing in Canada. Pain in his right shoulder ever since. Pain felt in the trapezius and neck radiat...

10. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

    ...Plan, the Council considers that the ramp must be identified on Planning Map 37 by use of the requisite symbol. [38] The Council further contends that the area used to access the beach (the dirt track) is not a ramp in a practical sense; it is an unformed track within the legal road reserve used for access to the foreshore/beach across which vehicles drive to the water’s edge (which could be a distance away of 320m depending on tide). [39] Boats can be launched into the water (and...