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1. High quality legal aid services [pdf, 466 KB]

   ...2 A large proportion of legal aid is paid according to fixed-fee schedules. Where a lawyer intends to undertake justifiable work in addition to the schedule, they can apply for an amendment to grant to fund that work. 7 retrospective requests for amendments to grant. Clients’ legal aid debt was recovered in full with costs.3 THEME SIX – sound office systems and record keeping that support the lawyer’s business Legal aid lawyers with excellent and very good results we...

2. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...did not have jurisdiction to make an award in favour of one who is not a party. Mrs Hearn’s claim for general damages therefore failed. Contributory negligence The Council alleged contributory negligence against the claimants for: Failing to request a Land Information Memorandum (LIM) from the Council Not making the agreement for sale and purchase conditional upon obtaining a LIM Not making the purchase conditional on obtaining a satisfactory pre-purchase inspection report...

3. Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (2017) 160 Waiariki MB 242 (160 WAR 242) [pdf, 219 KB]

   ...details on the specifics of the area of land to be set aside as a Māori Reservation; and (b) Confirming that the area where the house is located will remain as Māori Freehold land. [24] I will then consider finalising orders once the information requested is provided to the Court. Pronounced in open Court at 12.05pm in Rotorua on the 11 th day of April 2017. C T Coxhead JUDGE

4. [2018] NZEmpC 153 Rauland NZ Limited v Delvo [pdf, 224 KB]

   ...urgently and without notice to the respondent on Friday 14 December 2018.1 [2] The applicant, Rauland NZ Limited (Rauland NZ), has a strong prima facie case on an accrued cause of action against the respondent. The respondent, Conrad Delvo, is a former employee of Rauland NZ. In accordance with the Court’s Practice Direction,2 Rauland NZ has filed a proposed form of statement of problem which it will file in the Employment Relations Authority (the Authority) after execution of t...

5. Insley v Insley - Awanui Haparapara No 4B (2019) 211 Waiāriki MB 68 (211 WAR 68) [pdf, 371 KB]

   ...211 Waiāriki MB 71 appoint replacement trustees. The application was heard before me on 12 November 2018.5 At the hearing Michael Insley submitted that the meeting held in June 2018 was deficient in terms of both notice and attendance. He requested that a further meeting be called for electing trustees. Despite those submissions, I appointed those persons elected at the meeting as replacement trustees and reserved my decision as to whether the resignations were effective. Ap...

6. [2020] NZEmpC 218 EPB Ltd v OST [pdf, 217 KB]

   ...that the employment relationship problem flowed from differences between one of the directors of the employer and the employee in their personal relationships, and that non-publication is justified to avoid disclosure of salacious and personal information. It opposes the application for leave to challenge the Authority’s substantive determination. If leave is granted it will presumably defend the challenge for the same reasons. [3] The second issue relates to costs following t...

7. 2021-02-05 Martin Graeme memorandum evidence [pdf, 221 KB]

   ...Accordingly the proposed Plan Change 7 should be set aside in its entirety. Graeme Martin 5 February 2020 References: 1) Ministerial correspondence setting terms of reference for S24A enquiry and appointing Prof. Skelton to fulfil the request. Documents are in various places within the ORC evidence set. 2) Ministerial recommendation to the ORC. Contained in the ORC evidence set. 3) Otago Regional Council Report Number R&S1833 of 1 March 2020 authored by Peter Co...

8. [2020] NZEmpC 234 McBride v ANZCO Foods Ltd [pdf, 232 KB]

   ...Appearances: G Bennett, advocate for applicant J Farrow and J Cowan, counsel for respondent Judgment: 18 December 2020 JUDGMENT OF JUDGE K G SMITH [1] In February 2018 Kelly McBride raised a personal grievance with his former employer, ANZCO Foods Ltd, alleging he had been unjustifiably dismissed when he was not allowed to return to work following a prolonged absence.1 [2] ANZCO considered that the personal grievance was not raised within the 90- days...

9. Otago Standards Committee v Elder [2020] NZLCDT 23 (5 August 2020) [pdf, 118 KB]

   ...feelings of embarrassment and being overwhelmed, leading to her failing to properly diary-note the deadlines or prioritise these tasks over continuing to carry out tasks on behalf of her clients. Discussion of the Issues Issue 1 [16] Although this form of misconduct is pleaded in the charge it was not seriously argued that Ms Elder’s conduct constituted disgraceful or dishonourable conduct. We certainly would not consider these epithets appropriate to describe the conduct of...

10. Buchanan - Waimahana D3B3 Marae Trust (2019) 204 Taitokerau MB 154 (204 TTK 154) [pdf, 284 KB]

    ...the meeting, and attendance register. The minutes should record the outcome of all votes cast (not just those for the eight highest polling candidates). The eight highest polling candidates must complete a Māori Land Court trustee consent form, and file that with the Court, to be considered for appointment. [33] This application is to be set down for the next available hearing in Kaitaia to consider the outcome of the new election and whether I should appoint the highest pollin...