Search Results

1. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...CORPORATION LIMITED T/A FARMERS TRANSPORT LIMITED Plaintiff AND LEONARD EDWARD BRIGHT Defendant Hearing: 19-21 March 2007 (Heard at Gisborne) Appearances: T M Petherick, counsel for plaintiff D J Erickson, counsel for defendant Judgment: 16 May 2007 JUDGMENT OF JUDGE M E PERKINS Introduction [1] This is a challenge and cross-challenge against a determination of the Employment Relations Authority at Auckland dated 21 December 2005. The determination fol...

2. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...the order. This cannot be raised now, more than four years later. [39] The lower Court, in its decision of 10 September 2010, had no jurisdiction to set these orders aside and has not done so. [40] Even if the variations were set aside, in our judgement that would not alter the trustee‘s power to enter into the TPA. Clause 3(a) gave the trustees powers to enter into the agreement with no need to obtain variations to the trust order. [41] For the reasons given, this ground of ap...

3. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...issue in this case is whether Ms Guttenbeil signed a sale and purchase agreement on 2 August, and whether Ms Marr forged, or otherwise knowingly used, a forged sale and purchase agreement dated 2 August 2013. It is therefore relevant to consider judgments of the High Court and Court of Appeal, in which the 2 August agreement was considered. We were referred to the judgments in caveat proceedings issued by Ms Marr, and Keith and Charlotte Marr, in the High Court,2 then appealed by...

4. 2015 Ministry of Justice annual report - our performance [pdf, 509 KB]

   Our performance Statement of responsibility I am responsible, as Secretary for Justice and Chief Executive of the Ministry of Justice (the Ministry), for: • the preparation of the Ministry’s financial statements, and statements of expenses and capital expenditure, and for the judgements expressed in them • having in place a system of internal controls designed to provide reasonable assurance as to the integrity and reliability of financial reporting • ensuring that end-of-yea

5. Waitangi Tribunal - Part II Te Urewera [pdf, 6.9 MB]

   T    E  U     R  E  W  E  R  A P   A  R  T     I  I,  V    O    L    U    M    E  1 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W  A  I�

6. Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121) [pdf, 259 KB]

   ...specific aspects of the s 18(1)(a) jurisdiction that arise here. [32] First, there is the question of the legal effect of a s 18(1)(a) order, in particular, whether a house remains a fixture or becomes a chattel. There are competing views on this. Judgments of this Court 13 and the Māori Appellate Court 14 have commented that a s 18(1)(a) order has the effect of converting a house into a chattel. However, on a separate occasion the Māori Appellate Court expressed the contrar...

7. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...did and I don’t know when they expire ... Q: It warranted an inquiry didn’t it? A: Well, I wasn’t aware of the issue about this car ...” [37] The majority was unimpressed by the degree of sophistry employed by the practitioner in this line of questioning. We consider it showed very poor judgment. Ms Saunderson-Warner was evasive when pressed on the issue of a distress warrant having been issued, suggesting that the firm had merely “assisted in the drafting” of the...

8. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...discounts should be linked to the stage at which an early guilty plea is entered, however the Act does not provide guidance on how this should be applied in practice. 67. In 2009/10, a sliding scale for early guilty pleas was introduced by a guideline judgment from the Court of Appeal in Hessell v R [2009] NZCA 450, which provided for: 67.1. a 33% discount for an early guilty plea entered at the earliest opportunity incorporating a reduction for remorse; 67.2. a 20% discount for enter...

9. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

   ...the anonymous email had a sinister element in all the circumstances. [30] The licensee accepted that it was stupid of him to have sent the email in those circumstances but maintained that it did not suggest violence and was “a grave error of judgement” by him. It was put to him that his conduct was very unprofessional. The licensee emphasised that his sending the email had been the one time in ten years of work as a real estate agent when he did not act calmly and professionally...

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

    ...justice (s 84(1) (REAA). 74. It is also relevant to note that hearings before a Standards Committee of the Law Society are conducted on the papers unless the Committee otherwise directs (see s 153(1) Lawyers & Conveyancers Act 2006). 75. As the judgment of Kos J in Hong v Auckland Standards Committee No. 3 notes, if there are concerns over a practitioner (licensee) response a face to face hearing should take place. The appellant could have insisted on that but did not. He is the...