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1. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 37 [pdf, 276 KB]

   ...been concerned that settlement had been delayed. He had advised Mr Burcher by an email “you should certainly not grant any further tolerance without reference to me”. Despite that direction the practitioner went ahead, exercising his own judgment that he was assisting the purchaser client to complete the larger transaction, which would in turn guarantee settlement of the nominee company matter. [87] Mr Burcher proved correct in his assessment and thus no harm was done. Inde...

2. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   REVIEW OF THE LAW OF TRUSTS November 2010, Wellington, New Zealand | R E P O R T 1 1 9 A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | R E P O R T 1 3 0 E31(130) August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand

3. [2024] NZACC 141 NF v ACC (Impairment Assessment, Independence Allowance) (21 August 2024) [pdf, 357 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 5 March 2024 Heard at: Wellington / Te Whanganui-a-Tara Appearances: Ms E S Pointon and Ms A M Brown for appellant Mr J R Sumner and Ms F K T Smith for respondent Judgment: 21 August 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE IAN CARTER [Impairment Assessment, Independence Allowance, Accident Compensation Act 2001, Schedule 1, Pa...

4. Nottingham & Property Bank Realtor Ltd v CAC 10057 & Honey [2014] NZREADT 80 [pdf, 98 KB]

   ...between general appeals and appeals from discretionary decisions is set out at paragraph [32]: [32] But for the present purposes, the important point arising from ‘Austin, Nichols’ is that those exercising general rights of appeal are entitled to judgment in accordance with the opinion of the appellate Court, even where that opinion involves an assessment of fact and degree and entails a value judgment. In this context a general appeal is to be distinguished from an appeal against...

5. Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) [pdf, 422 KB]

   ...Maniapoto MB 27 (b) The trustees have failed to treat all beneficiaries with the same degree of fairness and to act in the best interests of all beneficiaries; (c) The trustees have failed to act with the same care, diligence, prudence and good judgement expected of business people managing the affairs of others; (d) The trustees have failed to keep full and proper accounts and make these available to beneficiaries upon request; (e) The trustees have failed to keep beneficiarie...

6. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...to him acting in the private prosecution. Mr WE declined to withdraw as counsel in the private prosecution, saying he had no recollection of having acted for Mr VF. [16] Argument about the appeal took place in the Court of Appeal on [date], judgment was delivered on [date] 2017 and written reasons were released on [date] 2017.2 [17] The result was that Mr VF’s challenge to the private prosecution was unsuccessful. [18] Mr VF pleaded guilty to the assault charge shortly after...

7. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [44] The High Court has also described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are e...

8. LCRO 138/2023 FK v LM (12 June 2025) [pdf, 230 KB]

   ...notices to the wife and her arrest for theft; (g) made numerous allegations regarding disputes of fact between the parties about the conduct and course of the court proceedings; (h) stated that there was considerable support in the relevant Court judgments for what he considered to be the falsity of the wife’s affidavit evidence and the firm’s allegedly improper role in its preparation; (i) in various ways, accused the respondent of abuse of process. [19] In a rebuttal to the re...

9. Putataua Bay Holdings Limited v Pere - Roadway Order Instrument 7895326.1 (2015) 105 Taitokerau MB 103 (105 TTK 103) [pdf, 282 KB]

   ...INCORPORATION Third Respondent Hearing: 30 July 2014 19 November 2014 (Heard at Whangarei) Appearances: W W Peters for Applicant Steven Samuels (lay advocate) for First Respondent R E Kettelwell for Second Respondent Judgment: 23 June 2015 RESERVED JUDGMENT (No 3) OF JUDGE D J AMBLER 105 Taitokerau MB 104 Introduction [1] This judgment (the third in relation to this proceeding) concerns Manuka Per...

10. [2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland [pdf, 371 KB]

    ...VICE-CHANCELLOR, UNIVERSITY OF AUCKLAND Defendant Hearing: 1–4 and 7 December 2020 (Heard at Auckland) Appearances: SR Mitchell and J Lynch, counsel for plaintiff P Muir, R Judge and R Cabraal, counsel for defendant Judgment: 13 August 2021 JUDGMENT OF JUDGE KATHRYN BECK [1] This is a challenge to a determination of the Employment Relations Authority.1 [2] Dr Caddy was employed by the University of Auckland as a Senior Lecturer in Music...