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1. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...Tribunal invariably applies this principle. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision of employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [23] In this case, Ms Xue shoul...

2. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...Harland’s submissions were to the effect that meaningful constraints on access to those sites have only been asserted against Edward and Jason Baker. [48] Since the present trustees assumed control of the trust fund, they have committed TBWT resources to unsuccessful applications in the Māori Land Court, seeking orders for access to the sites. Nigel Baker argues that that expenditure was not authorised by the terms of the trust, and that the deed should not authorise the commi...

3. Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - (PDF, 212 KB) [pdf, 212 KB]

   ...says the trust was looking at cutting down dangerous trees on the block and the trustees had previously declined a proposal from Mr Winitana to cut them down. [14] Mr Lambert advises that in terms of the information requested by Ms Albert, resource consent is not needed for the felling of self seeded pine, the trusts public liability insurance has been extended to include all blocks, the return is income less costs which is banked into the trusts account and damage will be paid fr...

4. Quaife – Part Whakapoungakau 1B3G Roadway (2015) 127 Waiariki MB 171 (127 WAR 171) [pdf, 219 KB]

   ...intersect the applicants’ boundary of Lot 2 DPS 9908 and would therefore provide Lot 2 DPS 9908 with legal frontage to Glenroy Place. Mr Sewell asserted that this is evidenced by the original scheme plan of the subdivision submitted as part of the resource consent and approved by the Rotorua District Council. He also referred to plan DP 361992 which legalised the subdivision. Mr Sewell argued that the Māori land plan ML 332881 defined a boundary that was different to the propose...

5. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline the claim...

6. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...had separate bank accounts, that is not an unusual arrangement in this day and age, particularly for an older couple who are used to managing their own finances. [43] It is apparent that the appellant and XXXX continued to share their financial resources after XXXX began caring for her father. We consider that the evidence discloses a significant degree of financial interdependence between the appellant and XXXX in the period 3 August 2012 to 19 May 2013. Emotional commitment [44] T...

7. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...products. The anticipated increase, which had led to Miss Scarborough’s appointment, did not eventuate. Rather there was a downturn in demand. Mr Weston spoke to Mr Palwankar about the situation and he confirmed that the factory would be over-resourced from the start of 2014. It is noteworthy that, at the relevant time, Miss Scarborough herself had identified a decline in production. While it is apparent that she has consistently attributed that to industrial sabotage, it is...

8. Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19 (76 WAR 19) [pdf, 159 KB]

   ...cattle stop so that he would not have to open and close gates when accessing the land. Mr Melville refused. In order to appease the parties involved, the Trust offered to pay for the cattle stop to be installed provided Mr Tuna looked into what resources would be required. [16] Matters deteriorated further between the two men, and a trespass notice was issued against Mr Tuna by Mr Melville. Mr Melville subsequently vacated the land, and refused to pay rent until this matter was re...

9. Song v CAC 20008 & Clement [2014] NZREADT 54 [pdf, 55 KB]

   ...Those clauses are fairly standard but gave ample protection to the Complainant and his wife as purchasers in the context of this case. There were four clauses giving the purchasers 10 working days to have their solicitor approve title, town planning, resource management matters, and a LIM report; arrange finance; obtain “a Building Report/Structural Engineer’s Report”; and obtain satisfactory comprehensive insurance for the dwelling. There was the said further condition that the c...

10. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

    ...he intended to ‘re-open and discuss’ the earlier warning. In the event, he took no steps to do so. [15] Mr Hook attended the 3 August meeting with his support person, Mr Llewellyn. A record of the meeting was made by Mr Reichel, the Human Resources Manager. Ms Watts and Mr Boehmer also attended the meeting. Ms Watts gave evidence that the meeting was conducted in a professional manner although it became tense at times. Mr Hook described the meeting in different terms. He...