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1. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...Green as to the reason for the expense required to put in access from Waiomu Valley Road. He advised that in the 1980’s the cost would have been much less because the access would simply have been put in by bulldozer. However, since that time resource management requirements are now such that the engineering of access must take account of preservation of bush, prevention of erosion and landslides, and safety concerns requiring either double carriageway or passing bays, due to t...

2. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...her partner’s significant loss of income to Ms AN’s involvement “due to stress impacting on our lives and the need to deal with this and other relevant matters”. She describes her engagement with lawyers, and the impacts on the family’s resources. Ms DH says she considered contact between MM her father placed MM under significant risk of injury. She says her lawyer charged her legal fees at a “fraction of her normal fees”, but even so as at 9 January 2015 she still owe...

3. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...Tribunal under ss 152(2)(a) and 212 LCA. I have refrained from doing so because there is an element of futility in circumstances where the Practitioner has already suffered the ultimate professional sanction, and out of concern about wastefulness of resources. [49] I nevertheless find that this was unsatisfactory conduct at a very high level and I therefore impose the following penalties: (a) In light of my findings at [28] above, that the estate was charged about three tim...

4. GA & BD v X SC LCRO 186/2013 (5 May 2014) [pdf, 154 KB]

   ...matters to the LCDT. The Court said that:17 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 prevent it from being overwhelmed by petty or trivial cases. influenced by t...

5. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 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 effective 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. The grounds of complaint...

6. Sargent - Ngatekawa Block (2008) 126 Whangarei MB 134 (126 WH 134) [pdf, 658 KB]

   ...owners and holding the land for the hapu. I questioned them closely on this (27 Kaitaia MB 44): "Collrt: Yes but, having a block of land for the benefit of a hapu is different to what we have here. Now, it may be that you can use some of the resources for the benefit of the hapu by reason of what's known as the Maori Comnnmity Pwposes provision but what you can't do is tU/'l1 this tll/st in to a de facto tll/st for the hapu only and not to benefit the owners. Do you...

7. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...the significance of the marks to Mr Edminstin. They represent the accumulation of knowledge gained during his working life in the Bluff oyster industry. In that situation, the inevitability, and reasonableness, of him having applied significant resources to securing the return of his property was said to justify an uplift. [23] An aggravation feature assisting in justifying an uplift was a claim that Sanford had breached the settlement agreement. [24] For comparative purposes,...

8. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...some work, and what he saw as shifting timeframes. Rocklabs considers termination under the trial period [19] It was around this time that the engineering manager started discussing with other management and with the company’s human resources advisor the issues that were being seen with Mr Ioan. The engineering manager felt he was in a difficult position, but the view he reached, and supported by his colleagues, was that he should consider terminating Mr Ioan’s empl...

9. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...2012 advising his application for a work visa had been declined. [4] Mr AB was at the time working for [Supermarket] in [Town] as a [XXXX] apprentice. [Supermarket] was supporting Mr AB in his application for a work visa. Mr NS was the Human Resources Manager at [Supermarket]. 2 [5] On 20 November 2012, Mr NS emailed Ms OC requesting a meeting to discuss Mr AB’s options going forward, following the decline of the visa application. [6] On 3 March 2013, a fee estimate was...

10. Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TRW 16) [pdf, 445 KB]

    ...formalised to reflect the fact that Wi Pere Trust, Te Whānau ā Taupara and Managtu Incorporation have been de facto trustees for some time; • Mangatu is willing to be responsible trustee, has been a de facto trustee for some time, has the resources to look after the urupā, and so is an appropriate choice for the responsible trustee. 73 Tairawhiti MB 31 [53] Section 222 of the Act sets out the Courts jurisdiction in respect of appointing trustees. That section...