Search Results

1. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...substantive application (“the rehearing application”). 10 The rehearing application was set down to be heard on 1 December 2016. [10] On 28 November 2016, counsel for Mr Paerau, Mr Tupara, sought an adjournment of the rehearing application. The request for an adjournment was opposed by the trustees. On 29 November 2016, I granted the adjournment and set the rehearing application down for a new hearing date. 11 [11] The rehearing application was then heard on 13 December 2...

2. Holmqvist v Real Estate Agents Authority (CAC 403) & Coma [2017] NZREADT 15 [pdf, 229 KB]

   ...Home, before the Open Home was held. [25] The second respondent should have advised the appellants, before the Open Home, that his wife could not attend the Open Home so that they could (if they thought it appropriate) either cancel it, or request that someone else take her place. However, there are no grounds to conclude that the Committee was wrong to find that the second respondent had not breached any Rule. Issue (g): Negative comments about Mrs Holmqvist’s age [26] The...

3. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

   ...advising that he did not consider that the Authority had demonstrated grounds breaching the Code as he was unaware of the complainant. Once he became aware, he was instrumental in obtaining a refund for him. [47] On 6 August 2019, the Tribunal requested the adviser to produce the agreement he had with New World concerning referrals, his instructions regarding the process for new clients and his later notification to New World of the termination of the agreement. The adviser repl...

4. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...unless the default does not materially affect the investors or the security. … 13.3 The notice under sub-rule 13.1 must— 7 (a) specify the action the responsible lawyer is taking or proposes to take in respect of the default; and (b) request each investor forthwith to advise the responsible lawyer if the investor does not agree with the action or proposed action specified. 13.4 The responsible lawyer must determine the appropriate action to be taken in respect of any defau...

5. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...Brabant for the Applicants D Hartley and C Brown for the Respondent Date of Decision: 5 Ap..--; I 2-0\"\ Date of Issue: 5 A-fr ;' L-.D\ ~ DECISION OF ENVIRONMENT COURT ON APPLICATION FOR DECLARATION A: Declaration granted in modified form. B: Costs reserved. TONEA Investments (NZ) Limited & Studio New Zealand Limited v Auckland Council Introduction 2 REASONS [1] On 13 March 2019 the Applicants applied for the following declaration under s310(a) RMA from th...

6. LCRO 166/2018 KZ v AB (16 July 2019) [pdf, 150 KB]

   ...bankruptcy within a couple of months at a fraction of the cost”. He assumed that [Law Firm A] had written off the fees as he had not heard anything from the firm until it issued the recovery proceedings. [14] In the section of the complaint form which asks the complainant what outcome is sought, Mr KZ said: I am happy to pay a reasonable fee for work done. I believe that a reasonable fee would be in the range of $10,000–$15,000. [15] In submissions for Mr KZ, Mr PY says:...

7. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...undertaken lightly; (b) before removal can be contemplated it is necessary that the trustees at risk of removal are properly notified of that possibility; (c) in accordance with Ellis v Faulkner, the Court must assess whether a trustee has performed his or her duties “satisfactorily” which will inevitably involve a careful review of that trustee’s conduct;8 (d) technical breaches of terms of trust and related governance instruments may not necessarily lead to removal unless...

8. [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd [pdf, 222 KB]

   ...forgotten. [10] By letter dated 7 June 2018, Ms Panapa provided information to her E tū union delegate, Mr Palmer, setting out her concerns to enable him to assist her. Mr Palmer acknowledged receiving the letter but says that, at Ms Panapa’s request, he did not give the letter to Spotless. Mr Palmer understood that Ms Panapa was concerned that she had referred to other people in her letter and did not want that information to be passed on to Spotless. [11] Mr Palmer confi...

9. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

   ...responsibility and respect for the rule of law; and enhancing the criminal sanction. 12. These principles may be expressed hi different ways in different jurisdictions, nevertheless they are clear and they match together. The restriction may be seen as forming part of an overall sentencing package intended to denounce and deter serious criminal conduct. It also marks the moral approbation society conveys to those who cause serious harm to society, and serves to convey the importance soc...

10. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

    ...Melbourne. Then Mr and Mrs Dillon found work and moved to their own rented home in Melbourne. Mr Dillon’s work was as a manager of a retirement village with a salary of $73,000 per annum plus superannuation. During this time in Melbourne, Mr Dillon formed a particularly strong relationship with his young grandson. [8] Hayden and Lisa and their, by then, two small children, returned to New Zealand in 2008. In 2010, when Hayden and Lisa Dillon were living in Hamilton and Mr...