Search Results

1. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

   ...consulted Mr OW, but the correspondence from Ms MT and Mr OW was obtuse and unhelpful, and Mr PG was unable to firmly establish what Ms MT’s instructions were. [31] There is no logic to the suggestion that Mr PG would spend significant time and resources in an attempt to retrospectively establish he had instructions from [LMN] to proceed. [32] The evidence does not support Mr OW’s allegations that Mr PG joined [LMN] without authority and the allegation that Mr PG tried to re...

2. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...safekeeping ensures the taonga are protected for, and on behalf of, the traditional owners. In the case of the heitiki found at Plimmerton, Judge Harvey found that a valuable taonga of this kind must be preserved and cared for by those with the necessary resources and expertise, and it would be inappropriate to vest the taonga in any person who did not have ready access to such facilities and knowledge. In coming to his decision, Judge Harvey noted that: The Rūnanga is a registered...

3. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...be submitted to the High Court, by reason of its general or public importance or for any other reason. Questions of fact could meet this criterion. [26] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course. It is for the applicant to show that the interests of justice require that leave be given (Kenyon v Accident Compensation Corporation [2002] NZAR 385 (HC) at [15], O’...

4. Manning - Kirikiri Pawhaoa B2A1 (2010) 5 Taitokerau MB 234 (5 TTK 234) [pdf, 56 KB]

   ...grandchildren alive at Mrs Manning’s death. (b) The other half share was to pass in equal shares to the children of Daphne (who predeceased Mrs Manning). Again, there was a gift over provision. [12] Mr Manning no longer has the energy or financial resources to undertake the maintenance required to keep the land and improvements in good condition. He has moved to a smaller property in Whangarei but still spends two to three days a week at the land looking after it. Apparently,...

5. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...security surveillance costs of $21,000.00; g) The injunction application was wholly successful. [21] The respondents oppose costs and submit that: a) Mr Manihera is retired and of little means. Conversely, the trust and TPL 4 have considerable resources. Mr Manihera does not consider that Mr Brown should have an order for costs against him and, in light of the injunction being cancelled against Waiomio Downs Logging Limited, no order for costs should be made against that compa...

6. Richards - Karaka Huarua A and B (2010) 10 Taitokerau MB 94 (10 TTK 94) [pdf, 85 KB]

   ...to take into account the cultural, historical and spiritual significance of the land. It will also need to take into account the land’s geographic limitations, particularly its steep and erosion- prone terrain, and any restrictions under the Resource Management Act 1991. The land has no road access and the return of Karaka Huarua B to a Maori reservation will mean that road access through that land is not possible – see s 338(11). Even if it were possible, it would likely be e...

7. AQ v KX & Anor LCRO 274/2013 (17 May 2016) [pdf, 57 KB]

   ...[Company V] and other parties on its behalf. [16] [Company V] was placed into liquidation on 8 February 2013. The liquidator’s first report dated 13 February 2013 noted that [Company V]’s failure was attributed to difficulties in obtaining resource consent for the proposed development and problems with management. It also recorded that substantial funds were raised from overseas investors, whose funds had been paid to a number of companies to develop the project. [17] The rep...

8. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

   ...requested information within the notice period and if it is received, it will be considered by WDHB before your termination date and WDHB may review its decision in regards to such. Yours sincerely [signed] Blair Nugent Human Resources Manager Mental Health Services cc. FACSIMLE: … Mark Ryan Barrister PO Box 941 Auckland [13] This letter was sent by facsimile to Mr Ryan. He wrote to the WDHB on 30 October 2008 indicating that...

9. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to inter...

10. Prakash v Zhou [2014] NZIACDT 117 (28 November 2014) [pdf, 191 KB]

    ...person’s control does not trigger professional disciplinary consequences is self-evident. The usual point of difficulty is what is controllable, proper control often requires that a professional person maintain proper control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that does not trigger professional disciplinary consequences. [36] In the present case, the...