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1. CAC 10031 v Lum-On [2012] NZREADT 30 [pdf, 144 KB]

   ...[13] Mr Lum-On provided Mr Gouverneur with a copy of a scanned letter purporting to be from one of the owners in which he confirmed that Mr Lum-On had accounted to him for all of the monies for the “lease consideration because of the nature of our job and our time spent travelling” and he “gave permission for Mr Lum-On to deduct costs incurred in our absence off work he arranged on the property”. Mr Lum-On denied that the owners believed that their compensation monies had been pai...

2. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...October 2009, he and Mrs Smith had decided to build a deck at the rear of the property. They consulted a builder who advised that they would need a building consent, but that would be routine and they should let him build the deck as a straightforward job and he, the builder, would make the necessary application to Council to obtain the necessary certificate of acceptance. They decided on that approach and in June 2010 the builder made the application for a certificate of acceptance to...

3. Jolen, Challenor & Ross v REAA & Challenor & Jolen [2013] NZREADT 6 [pdf, 67 KB]

   ...MEMBERS OF TRIBUNAL MS J ROBSON – Member JUDGE P F BARBER – Chairman MR G DENLEY – Member Heard at Whangarei: 19 November 2012 Representation: Mr A Holgate counsel for Ms E Ross (a licensee) Mr B Joblin, as McKenzie Friend for Ms W Jolen (a licensee) Ms C Bolesworth for herself and Mr D Challenor, Complainant Vendors / Appellants and Second Respondents Mr L J Clancy, counsel for First Respondent Authority Date of Decision: 23 J

4. Adams v ACC [2015] NZACA 3 [pdf, 69 KB]

   ...key documents had been retrieved. [34] The Ombudsman recorded that at the time of the accident Mr Adams was earning $280 gross weekly, as a forestry contractor. He had been doing this work from January 1979 until the accident. However, he had a job offer as a mechanic for $9,360 annually, due to start on 19 March 1979. Appeal to the Authority on 1979 ERC claim [35] On 15 November 2013, Mr Adams appealed to the Authority against the review decision of 5 May 1980. At the same tim...

5. CN v EE LCRO 122 / 2011 (22 October 2013) [pdf, 113 KB]

   ...been justified and imposed costs of $1,000. [35] Mrs CN’s view is that the conduct was negligent and unsatisfactory. She referred to the costs incurred by the beneficiaries in having to engage their own lawyer to ensure Mrs EE did her job thoroughly. The review issue is whether the Committee was right in making no adverse finding. [36] The Conduct and Client Care Rules13 set out professional standards expected of lawyers, which also cover legal executives. Those contain...

6. Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (2016) 132 Taitokerau MB 120 (132 TTK 120) [pdf, 232 KB]

   ...background, she should have had a role in negotiating the lease. However, given that she lives in Sydney, I consider that an impractical suggestion. Certainly, the outcome in terms of the lessee and lease suggests that the advisory trustees did a good job. [18] Mr Mahoney clearly became frustrated with Kristine Te Paa’s numerous questions over what the trustees were doing on the ground. Some of his emails are terse and blunt. Mr Mahoney has appeared in my Court on at least f...

7. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...Ombudsman criteria, failed to meet the multiple special needs of this disabled man and failed to satisfy reasonable accommodation as defined in the UN crpd. with the acquiescence of this persons supervisor. [44.3] He asserted that it was the “job of the hrrt to get to the bottom of the whole mess and see that justice is achieved for Darryl”. [44.4] He was at times discourteous, criticising the Case Manager: youre the case manager and you didnt see through the above attempts by t...

8. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

   ...prospects may not be strong, and that was a key issue in determining whether they should try and move to New Zealand. 3 [13] Mr Standing was told of Ms McLaren’s specialist skills. He said that she would have no trouble finding a job in that field, and said “why are you still here?” Mr Standing appeared to regard Mr McLaren’s occupational qualifications and experience as irrelevant. [14] Ms McLaren entered a written agreement which she signed on 15 November 2009,...

9. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...there are questions about the status of the Trust Deed, as a Trust Board we as trustees have followed the obligations of the Deed stated at Clause 8 which provides powers to the trustees. These are wide powers which allow us to get on with the job of running the Marae. [44] Such evidence from the trustees only adds weight to the finding that there are serious questions in this case concerning the performance and conduct of the trustees. Where does the balance of convenience lie?...

10. ENV-2016-AKL-000TBA Radiata Properties Limited v Auckland Council [pdf, 8.2 MB]

    ...overlay would be added to over time (through a plan change process). Council's expert witnesses (Ms Fuller at the hearing for Topic 011 and Ms Myers at the hearing for Topic 056) considered that the Council had done an 'unprecedented' job in identifying, evaluating and mapping the significant ecological areas. While the Panel does not dispute this, Ms Myers did concede that not all areas satisfying the significant ecological area factors had been mapped. This was confirmed...