Search Results

1. LCRO 240/2016 HM v NL (28 November 2018) [pdf, 255 KB]

   ...determination, has been to: (a) Consider all the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Statutory delegation and hearing in person [32] As the Officer with responsibility for deciding this application for review, I appointed Mr Robert Hesketh as my statutory delegate to assist me in that task.7 As part of that delegation, on 1 October 2018 at [City], Mr Hesketh conducted a hearing at w...

2. [2021] NZREADT 10 - Baker (9 March 2021) [pdf, 399 KB]

   ...him that if they did not achieve their expected price, they would not sell. They also said they instructed Mr Drumm not to refer to the RV, as it dated from before significant modifications had been done to the property. They said Mr Drumm’s response was that he was the professional, and they should trust him. [22] Mr Drumm arranged for a property staging company to submit a quote for staging. The appellants said in their complaint that they did not need, and could not afford...

3. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

   ...deterioration of the land, in particular the failure of the Māori Trustee to ensure the terms of the lease were properly enforced. The applicants sought damages to restore the land to a manageable condition, and acted to have themselves appointed as responsible trustees to replace the Māori Trustee. [4] The Māori Trustee denies the claims. Counsel submits that he had fulfilled both his contractual and equitable obligations to the owners and acted appropriately in respect of his...

4. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...employment or position description state that a major part of the defendant’s role is to expand Jetstar’s market share (necessarily at the plaintiff’s expense), to explore the possibility for regional expansion or to develop a strategic response to deal with Jetstar’s competitors, then this would serve to support the plaintiff’s pleadings in respect of the risk of inadvertent disclosure. [16] In response, counsel for the defendant submitted that the plaintiff’s submi...

5. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...Muaūpoko. In doing so however, like any litigant, she remains liable for her actions, including an award of costs, in the absence of any indemnification from the groups she may claim to represent. [19] A further complication is the fact that, those responsible for the proper administration of the Lake Horowhenua Trust, namely the trustees, once again appear to be at odds over the 3 [2004] 2 NZLR 606 at para [9] 4 [2006]...

6. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...improper use of trust funds and assets. He says that the trustees have permitted “embezzlement” and “fraud” by, I infer, failing to understand their obligations and to act appropriately in the discharge of their duties. [3] The trustees’ response was that while there is always room for improvement, they had done their best to fulfil their roles as trustees. They also acknowledged that the audit requirements of the trust order had been breached but that they were working...

7. Legal aid - Criminal Procedure Act 2011 - consultation [pdf, 313 KB]

   ...Fixed-Fees Payment Schedules 8 Summary of Questions 9 How to respond 10 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to...

8. LCRO 192/2015 VH v RM [pdf, 116 KB]

   ...of the bankruptcy proceeding, orders were made declaring Mrs VH bankrupt on 11 February 2014. [11] It appears the message that [Company A]/[Company B] had agreed to full and final settlement did not reach whoever at [Company A]/[Company B] was responsible for conduct of the bankruptcy proceeding against Mrs VH. Mrs VH says she only discovered she was bankrupt later, either when her bank card was declined or when she was contacted by the Official Assignee around the same time, in...

9. WL & BN v SD LCRO 106/2015 (5 July 2016) [pdf, 65 KB]

   ...issue of costs”. A telephone conference was suggested. (f) The arbitrator sought clarification as to whether the conference was sought to enable counsel to “make the brief submissions referred to” or to consider procedural matters. (g) In response Mr VL filed a memorandum noting the issues which were extant as being: (i) the amount of the arbitrator’s costs; (ii) whether security should be staged; 3 (iii) the costs of the application. (h) Mr WL accepted these...

10. Barry v Devi [2011] NZIACDT 29 (5 September 2011) [pdf, 96 KB]

    ...did not exist. [2.6] The Complainants were in an invidious position, and the Adviser failed to respond to inquiries from them. [2.7] The Complainants were forced to consult an immigration adviser in Marlborough. [2.8] The Adviser has taken no responsibility for her clients’ situation, and criticised them for consulting another adviser. [3] The Tribunal found the Adviser’s conduct delinquent, but the material fell short of establishing the Adviser intentionally mislead her client...