Search Results

1. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

   ...based. He also seeks any other relevant performance remarks. These documents should be easily obtainable by the defendants, although I understand the defendants state that they have already provided Mr AlKazaz with his personnel records. The response from the defendants is that, beyond the documents already provided to Mr AlKazaz, the further documents requested either do not exist or upon reasonable search and inquiry cannot be located. While I do not accede to most of the...

2. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

   ...statement of complaint (5 November 2018) with supporting documents. [38] Mr McClymont advised the Authority by letter on 21 November 2018 that the summary of facts was accepted, though commented on certain observations made by Mr Joseph in his response to the Authority. [39] A statement of reply (undated) from Mr Joseph was received on 27 January 2020. [40] Neither Mr Joseph nor any other party has requested an oral hearing. ASSESSMENT [41] The Registrar relies on the following...

3. Puha v Crawford - Mokoia 19A (2021) 439 Aotea MB 68 (439 AOT 68) [pdf, 363 KB]

   ...accordance with general trust law principles. They also intimated that there had been an understanding that, where beneficiaries could not be contacted or located, then payments would be made instead to whānau “representatives” who then had the responsibility to pay those members of their own family who had not received dividends. Ngā take Issues [3] The issue for determination is whether the trustees should be removed and in considering that question, several points arise...

4. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...engage in deliberately misleading or untoward conduct, but rather failed in her professional obligations due to a serious oversight or casual attitude. [18] He also submitted that the Tribunal should take into account that Ms Tapu had taken responsibility for her actions by immediately offering to re-sell the property, waiving commission and covering marketing costs, had accepted that her failure to disclose No. 105’s gang connection was unsatisfactory conduct, had fully co-oper...

5. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...Court Earthquake List makes it clear that the meeting of experts is privileged and no part of the expert’s discussion should be referred to unless all parties agree. While I accept that CD sought Mr D’s advice before including the comment, the responsibility was on CD to ensure that he complied with the requirements in the protocol and in the High Court Rules. 24. I therefore find that CD did not exercise the degree of skill, care and diligence normally expected of a competent pro...

6. Bloor v Karaitiana - Runanga 2E (2021) 259 Waiariki MB 286 (259 WAR 286) [pdf, 275 KB]

   ...259 Waiariki MB 298 (a) Section 231 confirming the review of Runanga 2E Trust is now complete and the next review is to be held in 2026; (b) Section 239(1) replacing Eru George and Hui Moon with John Hirini Rameka and Romani Mere Tahau as responsible trustees of Runanga 2E Block. (c) Section 240 removing Harvey Karaitiana for failing to carry out the duties of a trustee satisfactorily; (d) Section 239(3) vesting the land and assets in Nigel Baker, John Hirini Rameka and...

7. Bamber - Tahorakuri A No.1 Sec 33A2 (2021) 259 Wairiki MB 274 (259 WAR 274) [pdf, 300 KB]

   ...her job, negative impacts on her credit rating and emotional harm. [29] Her counterclaim is also mentioned in earlier documents, including a letter dated 1 October 2018 where Ms Bamber provided a handwritten account of her costs. This was in response to a comment by Judge Savage in the hearing on 13 August 2015, where he said there was no proof of expenditure. [30] The difficulty with Ms Bamber’s counterclaim is that from the letters on file it appears that she is claiming for e...

8. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...to intervene early and to think creatively and in the long-term about offending and offenders inevitably encounter strongly held views about the importance of punishment and the need for community protection; beliefs about individual vs. shared responsibility for social ills, and about the roles of poverty, inequality, and vulnerability in shaping children’s life trajectories. It will always require strong and courageous leadership to commit to and implement programmes that produce...

9. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...upheld, though not that such conduct was unprofessional (he resiled at the hearing from an earlier admission it was unprofessional). The acknowledgment of such conduct had been made by Mr Bright early in the Tribunal’s process, when he filed his response on 7 July 2020 to the amended charge.9 A short hearing in order to hear argument as to whether the admitted conduct amounted to professional wrongdoing, would still have been necessary. It would not have required witnesses. Mr B...

10. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

    ...lunate, on balance, are more likely to be longstanding and predates the recent injury. This raises the possibility that there was a degree of midcarpal instability prior to the recent snowboarding injury of 13 July 2016. [13] On 4 January 2018 in response to Mr Tasman-Jones’ suggestion, Dr Timms reported: I did assess Alejandro’s left wrist and measured his range of motion and there was no obvious midcarpal instability with an active range of motion though I did not specifi...