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1. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...appellant made an oral application during the opening of the hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been br...

2. Taia v Taia – Taia Whānau Trust (2015) 132 Waiariki MB 146 (132 WAR 146) [pdf, 217 KB]

   ...and emails and any enquiries that I need from the accountant and that is all that matters. [44] I also find that Tania and Coraglen have failed to keep and render accounts and to provide information. I accept Kiritana’s evidence that she has requested information concerning the trust, including financial records, but has not been provided with it. Despite being directed to do so, Tania and Coraglen have not filed any receipts, invoices or any other evidence proving the expenditu...

3. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...[40] There is no benefit to the members of Ngāti Rangiteaorere with an order for the NRKC costs to be paid by the Te Ngae Farm Trust, now that the management of all Ngāti Rangiteaorere settlement assets are managed by one entity. I decline the request for NRKC’s costs to be paid from the Te Ngae Farm Trust funds. 13 Hall v Opepe Farm Trust (2011) 42 Waiariki MB 225 (42 WAR 225). 14 Ibid at [20]-[22]. 133 Wa...

4. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...would have jurisdiction is s 315. [31] The application is adjourned in respect to that application and the applicant is to advise the Court within two months of the date of the decision as to whether they wish to pursue the application. If no request is received to continue with the application within that time, the application will be dismissed. If a request is received to proceed with the application, a conference will be called with counsel to timetable a hearing. [32] All ot...

5. Gray v CAC 20008 & Anor [2014] NZREADT 12 [pdf, 140 KB]

   ...time that the hammer went down. After the licensee consulted with LJ Hooker’s head auctioneer, a Mr Ross Foreman (who was not present at the auction), and with the vendor, the auction was not re-opened. [10] According to the licensee, when he informed the appellant that the property would not be resubmitted for auction, the appellant said that he wanted to discuss 3 this with his solicitor. The licensee says that he offered the appellant the office telephone and the appell...

6. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...not provided to the client, who may well have been disturbed at its contents, blaming as they did her mental health on allegations made by her, which were in fact true. We note the letter post-dates the pleaded professional relationship, but it forms part of the overall matrix of facts to be taken into account. [24] On 23 November 2011 the Standards Committee of the New Zealand Law Society (“NZLS”) wrote to Mr Horsley to advise him of its own motion investigation of an allegati...

7. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...financial gain. Immediately below that would be conduct that could be characterised as either reckless or grossly negligent. By gross negligence, I refer to conduct that involves a major departure from the standard of care expected when a director performs a statutory duty. Below that are cases involving innocent misrepresentation arising out of greater or lesser degrees of carelessness. For example, there may have been an error of judgment in respect of a particular issue that ended...

8. Mason v New Zealand Law Society [2015] NZLCDT 11 [pdf, 83 KB]

   ...of one of the fundamental obligations of lawyers set out in s 4 of the Act to meet her obligations under an enactment. 5. That failure demonstrates a level of mismanagement highly relevant to to a judgment as to whether the appellant, as the former director of the Company, is a fit and proper person to be held out to the public as a practitioner capable of managing her own legal practice to the required high standard without supervision. 6. That the appellant’s assertion that...

9. Eichelbaum v CAC303 & Anor (ruling) [2016] NZREADT 3 [pdf, 171 KB]

   ...64.4 The appellant should have invited the CAC (if it could not resolve factual or credibility issues) to refer the complaint to the Tribunal under s 89(2)(a). He did not do so. 64.5 The appellant, in the face of factual disputes, should have requested a face to face hearing before the CAC. He did not do so. As a result he had adverse findings made against him. He was responsible for that outcome.” [16] Mr Katz continued: “70. The appellant may also seek to argue that as th...

10. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

    ...the Canterbury District on 9 February 2012. He says that he was told at that meeting that it was he who was the problem and that if he continued to behave in that manner, his days in Christchurch would be “numbered”. He claims that, despite requesting his senior sergeant and the Human Resources Manager to address properly his complaint against the sergeant, that was not done. Raising the 30 April 2012 grievance [37] Counsel for the plaintiff submitted that this grievance conce...