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1. ADK v ZWP [2011] NZDT 164 (17 November 2011) [pdf, 111 KB]

   ...[27] ADK did not dispute telling ZWP that the project was on budget. His view was that ZWP was enquiring not about the overall cost of the project but rather whether the subset of work that he had provided an estimate for was on budget. His response then that the project was on budget was, he felt, accurate. [28] ZWP argued that ADK’s conduct was misleading, specifically ADK’s repeated assurances that the project was “on budget”. ZWP argued that she would never have...

2. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

   ...provided to the Court in evidence on the 7th of July 2010. It was raised in evidence for the benefit of these proceedings by witnesses who appeared for Mr Mac Eruera. The situation is therefore untenable and cannot be allowed to continue. Hiakita’s response was that he was never charged with growing any of the cannabis plants and he did, to his credit, apologise to his Uncle Mac in Court for his behaviour. Now the law, if I can turn to that. Under section 19 of Te Ture Whenua Mā...

3. Warrington - Hopa Te Piki (2011) 2011 Chief Judge's MB 325 (2011 CJ 325) [pdf, 162 KB]

   ...will. Security Bond by executor and another for 50 pounds. Value of estate 100 pounds.” (Emphasis added) The current proceedings [8] Mr Warrington‟s application per s45 of Te Ture Whenua Māori Act 1993 was received on 16 November 2006 in response to a suggestion made at the hearing held on 25 September 2006, 176 Aotea MB 97 and 102. That hearing was for the purpose of vesting a further interest of Hopa Te Piki in Horowhenua 11 in his successors. Mr Warrington objected to...

4. CAC10006 v Robertson & Hamilton & Kenny [2013] NZREADT 10 [pdf, 63 KB]

   ...Real Estate had no authority to do this and seem to have misunderstood their obligations. Their obligation was to the vendor and the issue of GST was irrelevant to this and to presenting and leaving with the vendors an offer. Mr Hamilton is also responsible as a manager and supervisor of Mr Kenny, who had only had six months’ experience at that time. Mr Hamilton did not ensure that Mr Kenny did understand his obligations in this sale [i.e. how to balance his obligations to vendor and...

5. REAA CAC 10017 v Miller [2014] NZREADT 70 [pdf, 162 KB]

   ...finding against Mr Miller is noted at paragraph [85] of its decision. Concomitant with that, Mr Miller recognises that regardless of what might be more generally described as the “civil” litigation aspects of the factual 6 context, he is responsible for the professional standards under which he must operate. It is recognised that any failures in the conveying of information to the McAtamneys by Mt Aspiring college, failure by the McAtamneys’ solicitor to make inquiry i...

6. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...expectations set out in the letter, Mr Hook was absent from the office on 26 July 2011 without prior notice or approval. A member of staff had been looking for IT assistance but was unable to contact Mr Hook. Julie Watts, who had day to day supervisory responsibility for Mr Hook, spoke to him later that day. He told her that he had been at the pharmacy, purchasing pain killers. When she asked why he was wearing a tie to the pharmacy he told her that he had in fact been attending...

7. [2015] NZEmpC 71 Knapp v Locktite Aluminium Specialities Ltd [pdf, 174 KB]

   ...[10] The Suttons then informed Mr Knapp that they had agreed to his request to provide a minimum of 25 hours of work each week. However he responded by advising that he wanted to be made redundant. Mrs Sutton was flabbergasted by his response. She did not immediately accede to his request. Rather she asked the human resources adviser to confirm what Mr Knapp had earlier asked for, namely that he required a guarantee of 25 hours work each week. Mr Knapp declined a furthe...

8. Waitangi Tribunal - Preparing claimant evidence for the Waitangi Tribunal [pdf, 1.3 MB]

   ...Illustrations________________________________________________17 Funding ___________________________________________________________18 How Many Traditional History Reports Are Needed? ________________________18 v Preface This booklet has been written in response to claimant requests. It is designed to assist claimants with information about what they need to do to prepare their claims for an inquiry by the Waitangi Tribunal. Part i provides a step-by-step guide for pre- paring claim...

9. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...timber retaining wall to the northern end of the dwelling was not shown in Mr Reyes’ drainage plan. [23] The evidence, including the detailed reports of Mr Grigg establishes that the drainage defects with this house were substantial and responsible for a significant amount of damage caused (including likely future damage). Significant excavation works are likely to be required to adequately address the drainage issues. [24] In the circumstances I am satisfied that the...

10. Whaanga v Trustees of the - Anewa Trust Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45) [pdf, 161 KB]

    ...weight to be attached to the trustees’ plan for utilisation of the land as compared to the appellant’s proposals. The trustees’ approach to development appears to be conservative and that is understandable given the nature of the land and the responsibility of the trustees to both protect the assets and provide some benefit to the beneficiaries. As Ms Whaanga herself mentioned, her proposals involve an element of risk, hard work, access to researchers and research funding....