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1. Royal v Waerea - The Mere Royal Whanau Trust (2017) 162 Waiariki MB 117 (162 WAR 117) [pdf, 251 KB]

   ...by telephone. The chairperson’s report and brief financial summary were presented and two trustees were elected. However, during the subsequent Court hearing issues were raised regarding the financial report and the election of trustees. In response, I appointed the two trustees elected to replace deceased trustee Taka Royal, and directed that any questions for Ms Waerea regarding the administration of the trust be filed with the Court in writing and forwarded to Ms Waerea for...

2. Reducing serious crime results action plan 2017 [pdf, 147 KB]

   ...ill … T h es e w o rk s tr ea m s w ill c o n tr ib u te t o a ch ie vi n g t h es e o u tc o m es … Ministerial Group on Family Violence and Sexual Violence work programme (cross-agency): • Integrated Safety Response pilot • New family violence risk assessment tool • Review of Family and Whānau Violence Legislation Bill Whāngaia Ngā Pā Harakeke Ministerial Group on Family Violence and Sexual Violence work programme (cross-agency) S...

3. Sworn Affidavit of John Kyle [pdf, 3.7 MB]

   ...of the various technical reports provided as part of the resource consent application for WIAL's runway extension project (April Report). I attach a copy of the April Report as Exhibit A. 4. I have been asked to review the April Report in response to the two strike out applications. I have reviewed the strike out applications and the accompanying affidavits. 5. The April Report concluded: "We are of the opinion that the technical reports that accompanied the assessme...

4. [2018] NZEnvC 191 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.3 MB]

   ...corrected by referring to documents such as the section 32 analysis. The public are entitled to rely on the district plan provisions as they are stated in the primary document. This is particularly important where rules, which set out rights and responsibilities and are the basis of enforcement action, are concerned. There may have been members of the public who did not submit on PC36 after reading the rules in full. Not all members of the public would necessarily understand the leg...

5. LCRO 70/2018 AR v NM (10 April 2019) [pdf, 212 KB]

   ...concern about the overdue finance company loan and a possible mortgagee sale, recommended the sale of the property, and repeated that Mrs AR obtain legal advice. [13] In her letter to Mrs AR dated 13 November 2017, Mrs NM set a deadline for response by Mrs AR of midday, Thursday 16 November 2017, failing which a Without Notice Application would be made to the Court for orders of sale of the property, vacant possession, disclosure of trust documents, appointment of a replacement tru...

6. [2020] NZREADT 11 - Catley & Boyle - Ruling (3) (10 March 2020) [pdf, 190 KB]

   ...application to submit evidence on appeal. The licensee applicants submitted that it was necessary to submit the evidence in order to address matters not put to them during the investigation of a complaint. One of the licensees submitted that his responses to the Committee had been provided by his solicitors. The Tribunal did not accept that as excusing his failure to provide information:6 … Notwithstanding the solicitors’ involvement, it was [the licensee’s] professional ob...

7. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...sent to her on 6 March 2016. [16] On 11 July 2016, the OPC emailed Aon advising its preliminary view that Aon had interfered with Ms Layton’s privacy under Principle 6 by failing to provide her with all the information she was entitled to in response to her 19 February 2016 request. The email advised that Ms Layton believed that there was communication between Aon and TARPS that had not been provided to her and requested comment. [17] In response, Ms Sugrue carried out a furt...

8. [2021] NZREADT 54 – Complaints Assessment Committee 2106 v Mathers (6 December 2021) [pdf, 257 KB]

   ...Hern describes that as an admission by the Committee that it laid the misconduct charges based on a misunderstanding of real estate practices and without making proper inquiries into the practices. Where dishonesty is alleged, as it was here, a responsible regulator would make diligent inquiries as to the accepted industry position. The Committee’s failure to inquire into the industry position before laying the charges was reckless, or at best a failure to act reasonably. [38]...

9. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...independently represented in all capacities by EYJ. 47 I accept that prior to issuing the letter, I should have advised the company to consider whether it wished to take independent advice. 11 At [14]. 12 At [16]. 13 Mr XZ, statement in response to NZLS complaint (10 April 2019) at [46]–[47]. 5 [23] The Committee accepted Mr XZ’s acknowledgement and agreed that Mr XZ was conflicted. It determined that this constituted unsatisfactory conduct pursuant to s 12(c)...

10. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

    ...necessary to safeguard the special patient's own interests as well as the safety of others and the general public.1 1 Sections 31 (3) and 33(3) of the CP(MIPJ Act. Health reference: H2023022620 6 The Minister of Health has decision-making responsibilities in relation to special patients 11. Both the Mental Health Act and the CP(MIP) Act identify decision-making roles for the Minister of Health in relation to special patients, specifically: a. Under the Mental Health Act, the...