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1. Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (2012) 295 Aotea MB 6 (295 AOT 6) [pdf, 230 KB]

   ...a final conclusion, it is important to underscore that the Court does not terminate trusts lightly. There is also good reason for that. Trustees often enter into obligations with third parties including leases, mortgages, licenses and related forms of binding legal obligation. The termination of a trust 295 Aotea MB 12 would not alter those obligations. Moreover, the Court would need to be satisfied that there was sufficient support from amongst the owners, having regard to...

2. Murphy v CAC 10060 & Cussen [2012] NZREADT 52 [pdf, 41 KB]

   ...real estate agents. We consider that one of the purposes of the Act is to raise industry standards. Thus relationships between agents will be governed by the Act. [21] Mr Murphy complains that Ms Cussen’s behaviour in going to the property and requesting entry from the vendor when she had been asked not to do that (or at least had been told that time with another agent would be arranged) amounts to a breach of Rules 5.1, 6.2, 6.3, 6.4 and 9.1. We have considered these Rules. Rule...

3. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...decision that appear to be in conflict. In Hayward v Tairawhiti Polytechnic the Court seemed to accept counsel for the plaintiff’s submission that legal costs incurred prior to the commencement of the proceeding can be recovered in the form of special damages. 3 However, in the earlier decision of Harwood v Next Homes Ltd the Court expressed doubt as to whether such costs incurred in the resolution of an employment relationship problem could be recovered as special damag...

4. [2014] NZEmpC 141 Hally Labels Ltd v Powell oral judgment [pdf, 72 KB]

   ...held by the plaintiff for the defendant during the latter period of his employment. In addition the defendant seeks forensic copies of the email account of the witness presently subject to cross-examination, Mr Nigal Tutty. The purpose of this request is to test the reliability of the documents produced and to see whether there are documents held but not yet disclosed, which might give context to the documents produced at the last minute for the hearing which commenced on 31 March...

5. [2015] NZEmpC 221 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 154 KB]

   ...could have readily settled. Keeping in mind costs awards in the Authority are to be moderate, the daily tariff should be increased to $7,000. [3] Further factors were then considered and the Authority concluded: 4 costs could not be used as a form of punishment or as approval of the plaintiff’s behaviour; 5 although Caffe Coffee had been successful with a breach application the Authority had not been persuaded to award a penalty so that no adjustment should be made in respect...

6. ENVC Hearing 6Oct14 DM local Christine Gisby [pdf, 102 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF CHRISTINE GISBY (PARKING CONGESTION AND TOURISM) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OT...

7. [2015] NZEmpC 10 Graeme’s Service Centre v Stalker [pdf, 110 KB]

   ...determination of 20 November 2014. 1 [2] The background is that the plaintiff operates a petrol station and auto workshop, the Directors of which are Mr and Mrs Paget. On 11 February 2014, Mr Paget and the defendant, an employee, met at the defendant’s request to discuss employment concerns set out in a pre-prepared letter. Mr Paget did not read the letter fully, but noticed reference to a possible exit. The Authority Member found that a conversation occurred when Mr Paget ask...

8. Mr E v REAA & Mr N [2013] NZREADT 27 [pdf, 39 KB]

   ...was able to be identified by X X. 2 [2] Mr E made a complaint to the REAA on 7 December 2010. He complained that Mr N’s conduct was such that it would have been reasonably regarded by agents of good standing as disgraceful. He requested Mr N’s licence be cancelled as he was “inherently dishonest and guilty of theft” of the database from X X. [3] The Complaints Assessment Committee (CAC) investigated the matter and on 3 October 2011 issued its decision which w...

9. Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138 (52 TTK 138) [pdf, 132 KB]

   ...North District Council (“the Council”) applies for a charging order against Maungakawakawa 5G for unpaid rates pursuant to s 99 of the Local Government (Ratings) Act 2002 (“2002 Act”). [2] The land comprises just under 24 hectares and was formerly a dairy farm owned by the late Pua Maihi. Wiri Maihi, Pua Maihi’s son, is the administrator of Pua Maihi’s estate. The land has been registered in his name as administrator since 1982. Mr Maihi is one of seven siblings who are...

10. Guidelines: Counsel for subject person - Personal and Property Rights Act [pdf, 94 KB]

    ...guidelines is to promote quality and consistency of practice without fettering the discretion of counsel to exercise professional judgement. 2.2 It is essential counsel responds to the characteristics of each case and client rather than following a formulaic approach. 2.3 The guidelines seek to establish benchmarks for good practice while allowing counsel to tailor practice to the needs and circumstances of individual subject persons. 3 THE ROLE OF COUNSEL FOR THE SUBJECT PERSON