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1. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...Trustees must act in the best interests of the beneficiaries and discharge their general obligations as set out in s 223 of Te Ture Whenua Māori Act 1993 (the Act), and the trust order. Section 223 of the Act provides: 223 General functions of responsible trustees Every person who is appointed as a responsible trustee of a trust constituted under this Part shall be responsible for— (a) carrying out the terms of the trust: (b) the proper administration and management of t...

2. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...commercial structure Mr EK wanted to implement; and (d) after being followed up more than once, given a fee estimate of $37,000 plus GST and disbursements for work another lawyer estimated would cost $15,000 plus GST and disbursements. [23] Mr IQ in response submitted that: (a) Mr EK instructed him to attend to various matters relating to the transaction, including documentation as to structure; (b) Mr IQ acknowledges he overlooked responding to one email received, however tha...

3. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...left the office to seek further advice from MSD’s national office. He could not reach anyone at that stage, and when he came back, he again asked Mrs Waitoa to leave, saying that he considered that to be a reasonable and lawful instruction. In response, Mrs Waitoa said she was not moving, and that MSD would need to restrain her or call the Police. Mr Kuiti made further attempts to contact somebody at head office and managed to get hold of the previous General Manager of Residen...

4. [2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull [pdf, 240 KB]

   ...the termination of the employment relationship.13 [45] I do not accept that Ms Faithfull resigned. I accept her evidence that she was annoyed by the company’s response to her queries over her pay and about the wage subsidy. She regarded its responses as inconsiderate and wrong. Her Facebook post was an expression of that annoyance. [46] Caisteal turned the subject of the Facebook posts towards terminating employment without any adequate explanation for doing that. Nothing...

5. LCRO 33/2020 AW on behalf of [Company A] v TB (30 June 2020) [pdf, 131 KB]

   ...at the hearing that he had, throughout the course of the retainer, complemented Mr TB on the job he was doing. He accepts that he had indicated to Mr TB that he wished to instruct him on other matters. [67] There is no evidence that Mr TB was responsible for a failure to comply with court-directed timeframes for filing of documents. It is clear however, that Mr TB’s ability to meet a timeframe for filing was compromised on at least one occasion, by Mr AW’s decision to change h...

6. McDonell v Burgess - Te Rongoroa Papakainga Maori Reservation (2023) 471 Aotea MB 9 (471 AOT 9) [pdf, 266 KB]

   ...number of the issues raised. However, at the heart of the trustee responsibility and as the word trustee says it means that somebody is appointed to a position holding power over assets that are for the benefit of others. They therefore have to be responsible and accountable for the position they hold. Trustees have to work together, they have to team together, it does not mean they have to agree on everything. It is okay to have robust debates and that is as it should be. However, s...

7. Van Wey Lovatt v Accident Compensation Corporation (Code of Claimant's Rights) [2024] NZACC 020 [pdf, 221 KB]

   ...to formal complaint” and referred to “the complaints raised about the service from Ms Steele who issued the various treatment injury cover decline decisions these issues pertain 4 to”. The letter provided comprised over six pages of responses in relation to the eight treatment injury claims made by Dr Van Wey Lovatt. The letter then concluded as follows: It is evident the treatment injury claims lodged with ACC were complex, we couldn’t grant cover because we were...

8. Brown v Accident Compensation Corporation (Claims Process) [2023] NZACC 213 [pdf, 170 KB]

   ...assessment was conducted before the decline decision was issued; and there is no recorded attempt by the Corporation to contact Dr Newburn for further information or clarification. This Court therefore finds that the Corporation did not exercise its responsibility to investigate all possible aspects of the appellant’s claim, as far as practicable. [45] Fifth, the Corporation’s insistence, in its decision of 24 September 2020, that the appellant produce relevant medical informat...

9. 2023-09-26-Evidence-of-Siiri-Wilkening-Noise.PDF [PDF, 255 KB]

   ................................................................................................ 1 C. SCOPE OF EVIDENCE............................................................................................ 2 D. OUTSTANDING ISSUES ........................................................................................ 3 E. RESPONSE TO SECTION 274 PARTY EVIDENCE .................................................... 5 F. CONDITIONS ...........................................................

10. Canterbury Westland Standards Committee 2 v Withers [2013] NZLCDT 54 [pdf, 242 KB]

    ...represented by the $1,900 had no value, being “wasted” time. That was a valid position to justify additional costs at the time, where Mr Withers had sought a late adjournment, but in the circumstances which became apparent11 Mr Withers should not be responsible for those costs, and they should remain with the Standards Committee. [50] Costs under s 257 Lawyers and Conveyancers Act 2006 were certified at $23,900. As part of his required contribution to the costs of the proce...