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1. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...costs associated with the alleged breach of the High Court freezing orders by the executors, and that liability for those costs should sit elsewhere. [14] As Mr TL and the firm acted for the executors, the applicants’ position is that they are responsible for the alleged breach of the freezing orders and they should pay. [15] The applicants made a complaint to the New Zealand Law Society (NZLS) about the part Mr TL and the firm had played in those events. [16] NZLS commenced an...

2. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...deposed to Mr Taplin leaving on 25 May 2022 from Queenstown on a Qantas flight that afternoon. The same day Mr Kingipotiki sent a text message to Mr Taplin inquiring about when the move to Australia was planned. He received an uncommunicative response of “soon” without more information. [32] Ms Copeland noted the following to support the order: (a) The move to Australia involving Mr Taplin and his family. (b) The intention is to establish a new business in Australia indicati...

3. [2022] NZEmpC 139 Zhang v Panda Restaurant Ltd [pdf, 205 KB]

   ...the Authority proceedings. Any arrangement was to create a full and final settlement of all matters directly or indirectly concerning the dispute between Mr Zhang and the company, or Mr Zhang, Ms Feng and Mr Lam. [26] In the absence of any response from Panda Restaurant, I accept that Mr Zhang paid a premium for his job, was not properly paid and has been denied statutory entitlements for holiday pay. He has a good arguable case against Panda Restaurant. [27] The information...

4. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

   ...been reported to police or is before the courts. Rights 7–10 apply only to victims of certain serious crimes. Police will tell you if you have these rights. Right 11 applies only to victims of crime committed by a child or young person. Who is responsible for meeting the rights? Depending on the right, different government agencies, investigators, prosecutors and other public bodies are responsible for making sure that your rights as a victim are being met. Not all agencies are respo...

5. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

   ...containing terms. The condition of roofing systems are not excluded items. [24] In any event, the second respondent commented on the roofs. To the extent that I need to decide that point, there is a tenable claim that the second respondent assumed responsibility for the correctness of its reporting on the roofs. [25] The second respondent makes the following key points in its removal application: (a) The report was limited in scope and various exclusions applied; (b) For defec...

6. J v New Zealand Law Society [2012] NZLCDT 27 [pdf, 94 KB]

   ...one from a lawyer. He also provided an affidavit sworn by himself, and made himself available for cross-examination. He did not avail himself of the opportunity of giving further evidence in chief until later invited to do so by the Tribunal in response to specific concerns raised. In the course of the hearing, he was offered the opportunity to seek independent legal advice, but swiftly declined to do so. [15] Two references were provided from business associates and then there...

7. MN v DX [2025] NZDT 97 (28 February 2025) [pdf, 154 KB]

   ...in the advertisement, which described [the horse] as ‘green’ and that she had sat in the paddock for the year and would require a sensitive rider. j. I consider it more than likely that the behaviours of reefing, bunny hopping and rearing were responses to environmental factors that [the horse] experienced with MN or as a response to pain. I say that as no disrespect to MN’s ability to care or ride [the horse], but [the horse]’s environment (stress from transportation- 8 hours) fe...

8. Waitangi Tribunal - Initiation Consultation and Consent [pdf, 1.4 MB]

   ...126 (1) Introduction 126 (2) The April 2015 discussion paper 127 (3) The ‘key stakeholders’ responses 131 (4) The Ministerial Advisory Group’s report and advice – what changes were recommended ? 134 (5...

9. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...The section 134 application [12] In 2009 and 2010 the Owhetu Charitable Trust entered into agreements with Te Puni Kokiri and the Ministry of Social Development to provide contractual services. Unfortunately the trust failed to meet its taxation responsibilities in relation to the income received from those contracts. In 2012 the Commissioner of Inland Revenue made formal demands of the Trust in relation to unpaid taxes. [13] In 2013 the Commissioner served a statutory demand on...

10. Taia v Taia – Taia Whānau Trust (2015) 132 Waiariki MB 146 (132 WAR 146) [pdf, 217 KB]

    ...such both Tania and Coraglen have had sufficient notice that their removal is sought. [20] In Rameka v Hall the Court of Appeal considered the approach in exercising jurisdiction to remove trustees per s 240 of the Act: 10 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of the business of the trust: (c) The pres...