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1. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...recognition by legislation and by the Courts. [37] It is not for us to comment on the merits of Ms Taueki's claims about the environmental impact of farming on the lake and the surrounding area. Those are matters that are governed primarily by the Resource Management Act regime. This Court does not have a role in policing environmental issues relating to Maori land, except to the extent that such issues might arise in the context of the Court's jurisdiction under section 18 of t...

2. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...the reservation trust never owned the kohanga reo building. The arrangement ended when the kohanga reo building was sold by the National Trust. • The payment of $5000 was a financial contribution towards the legal costs ofthe appeal under the Resource Management Act 1991 against the building of the prison on Ngawha Waikaukau lands - within the same tupuna whenua. She noted her view that the payment \vas authorised by the constitution of the trust (its aim, objectives and secti...

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

   ...centre, and had them print information on it in order to create the 2 August agreement. Her evidence was that she handwrote information on a blank Agency agreement in order to create the 9 August agreement. In each case, she used Agency resources to undertake a private sale. We accept the evidence given by Ms Dovey (Regional General Manager of the Agency) that any of their agents would have known that this was against Agency protocols. [d] Ms Marr inserted a “contemporan...

4. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed had to be made...

5. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...in person Rachel J Scott and L Cole, counsel for defendant Judgment: 9 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Mrs Sandra Marx was employed by the Southern Cross Campus Board of Trustees (SCC) as a Resource Teacher of Learning Behaviour (RTLB). She claims that she commenced such employment on 25 November 2011. SCC agrees that she accepted an RTLB position in November 2011 but was to commence employment on 25 January 2012, and she did s...

6. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 12 READT 020/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN BORIS FESCHIEV Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First respondent AND NICOLA (NICKI) CRUICKSHANK & TOMMY’S REAL ESTATE LTD Second respondents Hearing: 8 October 2019, Wellington Tribunal: Mr J Doogue, Deputy Chairperson

7. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...allocated for spending on eight targeted projects. The fund is held and managed by Horizons on behalf the Lake Accord initiative. Most of the eight projects are either underway or have already been completed. Three projects are being held up at the resource consent stage. The consents are being opposed by Vivienne Taueki. [10] Mr Sword pointed out that the first agenda item of every trustee meeting is conflicts of interest. This is a standing agenda item and the recording of up...

8. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject to two qualif...

9. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...that are to be deducted (Regulation 10, RCCC 9.3). [110] The Guidelines do not address the issue that was before the Court in Heslop v Cousins – namely, deduction of fees from funds lodged with a specific direction. [111] On its website, amongst resources it makes available for lawyers, the New Zealand Law Society has provided suggested terms of engagement which include the following as an example of an authority to deduct fees:20 You authorise us to deduct our fees and other expe...

10. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [pdf, 309 KB]

    ...be necessary to show that he knew what was required and overlooked it or was reckless doing it, “therefore not providing a duty of care in following the complainant’s informed lawful instruction”.12 [80] The considerable attention and resources given to the complainant’s matter do not support the notion that a professional breach has occurred. [81] As Mr Singh takes the matter seriously, he has proactively ensured the refinement of his processes by adopting a procedural...