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1. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...informing him of the risk, fell well short of what was required. [49] We accept Ms Mok’s submission that the defendants significantly compounded their fundamental error as to disclosure, and the breaches of their professional obligations, in their responses to Mr Beath’s later questions concerning the party wall, when they told Mr Beath that they were “certainly not aware of any issues with the [party] wall … ” and that the party wall issue was “news to [them]”. [50...

2. 2020-12-07 Statement of Evidence of Julie Everett-Hincks on behalf of the ORC [pdf, 236 KB]

   ...Council is yet to do.2 19 One of the Minister’s recommendations stemming from the review conducted by Professor Skelton was for a new Land and Water Regional Plan (LWRP) to be notified by December 2023. The Council has committed to this in its response to the Minister.3 20 The Council has considered the work required in order to meet this timeframe, particularly in relation to the science team. Professor Skelton identified that a robust scientific evidence base is “critical...

3. 2021-04-19 Federated Farmers of NZ - ORC PC7 - Opening Representation.pdf [pdf, 165 KB]

   ...change, yet as notified, it went further than holding the line, by attempting to push back water usage through a one-size fits all approach. It is our view that adopting an interim plan change should not be justification for Council to avoid its responsibilities around robust science or hydrological modelling, or to inadequately evaluate economic impacts unless it is a very simple, low-cost process. 51. Furthermore, because of PC7's shifting goalpost, there is now a fundamental...

4. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...initially sought an adjournment ofthe proceedings before eventually withdrawing his application altogether. [2] The respondents now seek indemnity costs which the applicant naturally opposes. Memoranda have been filed by all parties including a response fi'om the applicant's counsel and a subsequent reply from counsel for Ngati Raukawa Trust Board. The respondents claim entitlement to approximately $35,000.00 GST inclusive while the applicant submits that a global award of...

5. Cooper - Ngataurua 2A2 (2004) 134 Aotea MB 96 (134 AOT 96) [pdf, 2.9 MB]

   ...Council and stressed that if the proposal was not accepted then the consequences would be problematic for all parties including his clients and the Trust. Then there is the land already subject to an existing right of way. Mr Macdonald for the Trust in response did not agree the Cooper's proposal and instead made various counter proposals, none of which were accepted . Interestingly, one of the proposals was that the partition proceed provided Kanui Cooper give more of his land to t...

6. [2016] NZEmpC 109 Dotcom v Orduna [pdf, 148 KB]

   ...those parties’ unjustified dismissals of them as found by the Authority. They also seek to re-litigate the Authority’s rejection of their claims to penalties and to its refusal to allow interest on their compensatory damages. [10] In response to those claims, and in addition to general denials of them, Mr Dotcom pleads that before the raid on or about 20 January 2012, he had “around 45 household staff and 25 other staff” but says that these numbers were not maintain...

7. LCRO 189/2016 EM v FN and GP (19 May 2017) [pdf, 158 KB]

   ...been terminated, the Committee does not consider that the fees charged by Ms EM in relation to the third agreement for the [ABC] Road property are fair and reasonable. The terms of engagement also states that: In the event of termination, you are responsible for the value of recorded on billed time plus disbursements to the date of termination. [34] On that basis, the Committee found Ms EM had charged a fee that was not fair and reasonable, thereby contravening rule 9, and that there...

8. Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (2017) 157 Taitokerau MB 7 (157 TTK 7) [pdf, 219 KB]

   ...has been no consultation with the owners on the farm, papakainga housing, and other significant decisions concerning the trust. These lands are vested in the trustees as the legal owners on behalf of the beneficial owners. It is the role and responsibility of the trustees to make decisions concerning the administration of these lands. There is no obligation on the trustees to consult with the beneficial owners before making decisions other than where expressly required by the trust...

9. INZ (Foley) v Niland [2019] NZIACDT 5 (5 February 2019) [pdf, 189 KB]

   ...New Zealand registered company operating in both New Zealand and the Philippines. None of its staff are licensed immigration advisers. It sources jobs in New Zealand for migrant workers. Once a job offer is secured, Ms Niland is supposed to be responsible for providing immigration services, including completion of the visa application. The Tribunal has 3 issued a separate decision upholding a complaint against Ms Niland in relation to the lack of engagement with her Fi...

10. [2019] NZEmpC 6 Cornish Trucks and Van Ltd v Gildenhuys [pdf, 279 KB]

    ...issue of (what he saw as) late payment. That also is consistent with Mr Gildenhuys’ demeanour in the witness box. [61] Mr Gildenhuys acknowledges that, in the course of their discussion, he raised his voice to Mr Cornish, but says that was in response to Mr Cornish’s behaviour. He and Ms Faure then returned to Cornish Trucks to attempt to recover the situation and get his job back but were met by Mr Cornish’s assertion that Mr Gildenhuys was redundant. Mr Gildenhuys is en...