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1. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...with the involvement of the former lawyer of Messrs Ryan and Ferris. Mr Gates claimed that he was put under pressure to change his statement and that this had led to a falling out with Ryan and Ferris. He was subpoenaed to give evidence at the request of the claimant. [75] In his evidence, Mr Ryan said that he had no personal involvement at all in the installation of the cladding. He claimed that Page | 22 in 1996 the company had a large staff and that a number of...

2. McDonald v Peters [2012] NZWHT Auckland 39 [pdf, 215 KB]

   ...punitive action in respect of the radial cracks in the stucco cladding” and to complete any repairs to the stucco cladding at the junction between the stucco and the remedial work on completion of the remedial work. [37] Mr Peters however requested an independent assessment before he accepted the agreement so the completion of the agreement was delayed. There was a breakdown in the relationship between the McDonalds and Mr Hislop over these issues and the delay. [38] M...

3. Gemmell v Gemmell - Mohaka A4 Trust [2015] Māori Appellate Court MB 114 (2015 APPEAL 114) [pdf, 456 KB]

   ...by way of a set-off arising from the money that trust had received on behalf of the Mohaka A4 Trust. [15] On 22 October 2009 the District Court at Napier entered summary judgment against Sam in the total sum of $18,245.65. However, at Sam’s request, the Court granted a stay of execution of the judgment on the basis that the 2009 proceedings in the Māori Land Court (see below) would resolve issues to do with the amount of money the Tauwhareroa Trust owed the Mohaka A4 Trust, and...

4. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...and Mr Paul Clarke’s 20%. [97] Leave is reserved to the parties to apply to the Tribunal for further orders on the issue of apportionment of liability should that be necessary and at all relevant. CLAIM REMAINS OPEN [98] At the request of the claimants this claim will not be terminated at this time. The claimants have requested the claim be left open to allow them to pursue the Government’s Financial Assistance Package.17 DATED this 22nd day of February 20...

5. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...albeit in the context of r 2.10, in SC v JT this Office held:13 [77] In my view, there will be circumstances in which it is not improper for a practitioner to signal that a complaint may be filed, if a colleague fails to comply with a reasonable request. [78] In my view an improper purpose in threatening to make a complaint will arise when, in making the threat, a lawyer makes a connection between the threat and an unrelated strategic advantage that the lawyer is trying to accomplish...

6. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 59 [pdf, 234 KB]

   ...submits that the Tribunal should find that he engaged in unsatisfactory conduct rather than that he is guilty of misconduct. [6] The Tribunal heard evidence over two days. At the completion of the evidence the Tribunal directed (at counsel’s request) that a transcript of the evidence be prepared. Written closing submissions were then filed on behalf of the Committee and Mr Rankin. Final submissions were received by the Tribunal on 11 August 2017. Principles as to burden an...

7. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   ...administered by the Ministry of Justice. This does not include the Waitangi Tribunal. The Ministry administration of tribunals includes operational, administrative and legal and research support. Introduction 1. In 2013, the Minister for Courts requested the Ministry of Justice to provide advice on ways to improve the user experience and efficiency of tribunals administered by the Ministry. 2. Tribunals, authorities and committees supported by the Ministry are expert forums for...

8. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...obtained instructions, on 23 November 2015 Mr Wicks confirmed that all members who were seasonally laid off at the end of the previous season and who had to yet to be re-employed, would be re-engaged on the terms of the based-on iea. The Union was requested to confirm the names of the members who wished to be re-employed. At this stage, no reference had been made to the possibility of members at Wairoa being re-employed only on a night shift. A response was sought by 27 November...

9. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...Act 2008 (“the Act”). The Committee alleges that in the course of marketing a property at Redoubt Road, Goodwood Heights, Auckland, and having become aware of an Auckland Council project which involved widening Redoubt Road, she failed to inform all potential purchasers of the road-widening by: [i] Failing to mention it during all open homes; and/or [ii] Failing to mention it during sales meetings or discussions with other licensees who were acting as selling agents; and/or...

10. WT Te Manutukutuku Issue 70 [pdf, 1.6 MB]

    ...Judge Isaac, the presiding officers, and members of the Tribunal to ensure the work of our unit meets their requirements. Finally, I would also like to acknowledge and thank my colleague Julie Tangaere who, over the past three years, has per­ formed the role of Acting Director for the Unit while also working as Director of the Māori Land Court. Thank you Julie for your leadership of the unit over this time. Kia ora rā. Grace Smit Director  This issue of Te Manu tukutuku...