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1. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...The board has the power to employ staff but delegates the daily management of the organisation to the executive officer and senior teacher who comprise the board’s management team. The chief executive officer is Karen Nicholas who is responsible for administration and, as she also personally holds the licence from the Minister of Education, is responsible for ensuring that the kindergartens in the STKA region comply with early childhood and other regulations. [13] The...

2. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...of all the trustees and the appointment of an independent trustee. Finally, Mr Ratima says that if the trust has suffered any loss as a consequence of the trustees conduct then they should make good on any losses to the trust. The trustees’ responses [13] On receipt of the application for injunction I directed the case manager to send a copy to counsel for the trustees Mr Lawson. The case manager at my direction also asked Mr Lawson to provide a response to the application by 4....

3. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...development proposals with the Māori Trustee and related external agencies. [4] Poihipi Akuhata and John Akuhata-Brown also raised issues for the direction of the Court concerning the role of the advisory trustees, the previous and current role of the responsible trustees, the participation of descendants of owners in general meetings of the Trust, previous share transfers between owners, the election of trustees and the payment of dividends and grants. [5] At the conclusion of the...

4. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...against Mr AJ can be summarised as follows: of July 2011, Dr AI lodged complaints with the New Zealand Law Society Complaints Service (NZLS). The complaints service opened separate complaint files (AK/AJ). (1) Complaint that Mr AJ failed to take responsibility for Mr AK’s actions. 1 Letter of engagement, 19 May 2011. 3 (2) Complaint that Mr AJ refused to assist Dr AI to recover fees from Mr AK. [17] Dr AI advises that his...

5. OLL v NJK [2013] NZIACDT 34 (30 May 2013) [pdf, 127 KB]

   ...2 DECISION Introduction [1] Ms OLL says she engaged Mr NJK to provide immigration advice shortly before her visa expired. [2] She says that Mr NJK did not provide her with appropriate advice regarding her immigration status, and that his response was careless or incompetent. [3] Ms OLL also states Mr NJK told her the fee for a course at a specific educational college was $6,500; and she paid that sum of money to Mr NJK, for him to pay that same sum of money to the college. Howe...

6. GU v Hakaoro [2013] NZIACDT 68 (9 October 2013) [pdf, 135 KB]

   ...provide the services for a reduced fee of $1,000. She agreed and paid $400, leaving a balance of $600 to pay. [11] On 8 May 2012, the complainant returned with an associate, and sought the refund of her money. [12] She reported Mr Hakaoro’s response was: [12.1] He refused to refund the money saying “a contract is a contract”. [12.2] He demanded the balance of $600 of the fee. [12.3] He threatened to report the complainant’s husband to Immigration New Zealand, and said he w...

7. SM v ML LCRO 79 / 2011 (22 November 2012) [pdf, 130 KB]

   ...administration of the Estate without reference to or consultation with the other executors. He sought an undertaking from ML that all communications between the three executors would thereafter be in writing. [14] SM’s letter of 14 October to MK was in response to a letter written by her dated 11 October. In that letter MK advised that she acted with ML’s authority and that in their view the decision as to whether SM’s offer to purchase the property be accepted or not shou...

8. LCRO 26/2019 ET v CG (29 January 2021) [pdf, 194 KB]

   ...the comments made by the authors relate to the duty of care to non-clients in negligence. Whilst there is some cross over between the elements necessary to prove negligence on the part of a lawyer to a non-client and a lawyer’s professional responsibilities, it is not appropriate to treat negligence and professional responsibilities as being the same. [40] The factors referred to in [38] above, are drawn from the Burmeister judgment. In that judgment, the Court also said:21 C...

9. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   .................................................................................................................................20 Issues of the Practice Framework Issue 1: August 2017 Issue 2: August 2019 4 WHAT IS RESTORATIVE JUSTICE? Restorative justice is a community-based response to crime that aims to hold offenders to account for their offending and, as far as possible, repair the harm they’ve done to the victim and the community. Participation in restorative...

10. Proactive release - Family violence information sharing guidance [pdf, 1 MB]

    ...8. If the Guidance is approved, I plan to release it in June 2019 to allow the family violence sector to familiarise itself with the Guidance before the Act comes into effect. Background 9. People should have confidence that family violence response systems will keep people safe and enable behaviour change. Enabling the safety and wellbeing of our families and whānau requires collaboration across Government and in all communities. Everyone has a part to play. Together we are strong...