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1. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

   ...objects to Mr LO describing his concerns over Mrs NS’ drawings as fanciful or exaggerated, and allegations made by Mr NS as bizarre and untrue. He feels Mr LO has taken Mrs NS’ side and acted against his interests. It seems Mr NS holds Mr LO responsible, at least in part, for his inability to resolve matters without going to court. [9] Mr NS wants this Office to find that Mr LO was conflicted and his conduct was unsatisfactory. Mr NS says Mr LO should be censured and directed...

2. Pihema v Pihema - Lot 18 Deposited Plan 28604 (NA31C-254) (2020) 209 Taitokerau MB 175 (209 TTK 175) [pdf, 238 KB]

   ...second account with Kiwibank, which is known as the ‘01 account’. This account is also under the name of ‘Owen and Te Tuhi Pihema Whānau’. In his brief of evidence, Robert says the 01 account was opened in order to reduce bank fees. In response to my questions, Robert said the 01 account was opened for the trust and can be distinguished from the earlier 00 account, which he says is the whānau account. Rent for the homestead is now being paid into both the 00 account and...

3. Te Manutukutuku Issue 1 [pdf, 2.7 MB]

   ...Government agreed in March 1989 to withdraw Waipoua forests from The advantages of this scheme have become obvious. Parties can have time to digest the complex bulk of evi­ dence material, and then prepare careful questions on it for considered response. Instead of endless cross-examination which might not get to the heart of issues, or which might miss crucial points, or simply exhaust the capacity of the listeners, there is an active involvement by relevant specialists, as well as...

4. Hopkins v Accident Compensation Corporation (Entitlements) [2022] NZACC 153 [pdf, 248 KB]

   ...referred Ms Hopkins for an outpatient appointment at an Orthopaedic Clinic. That same day, Dr Taylor provided a medical certificate confirming that Ms Hopkins was fit to return full-time to her previous job. [12] On 5 April 2018, Dr Taylor received a response from the Orthopaedic Clinic: Tarlov cysts are common, benign and not a target for operative or other treatment for back pain symptoms. [13] On 10 April 2018, Dr Taylor completed another medical certificate advising: This is...

5. [2022] NZEnvC 126 Guthrie v Queenstown lakes District Council [pdf, 239 KB]

   ...proceeding, with Murray Hanan recently passing away; and (d) the appellants have disregarded the values of the community in its application. The Hanans also record that they consider that full costs should also be awarded to the Council. Response by the appellants The appellants filed their response to the above costs applications on 1 July 2021. Mr Todd for the appellants submits that costs should lie where they fall in this proceeding. Their reasons are as follows:6 (a...

6. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...expectation that Mr Baillie had received not long before the incident in question, which had followed an incident where Mr Baillie is said to have behaved aggressively towards other staff. [26] Oranga Tamariki says too that Mr Baillie failed to take responsibility or accept fault for the incident. [27] Oranga Tamariki says that, if there were defects in the process (which it denies), any such defects were minor and did not result in Mr Baillie being treated unfairly. [28] I...

7. Maori Reservations.pdf [pdf, 348 KB]

   ...trustees or the beneficiaries. In terms of Regulation 3(h), any trustee removed by the MLC should not later be reappointed as a trustee for the same reservation (removal by the Court is a disciplinary matter). POWERS OF THE TRUSTEES Trustees are responsible for the administration of the Māori reservation and complying with the Regulations. Trustees of a reservation may: • authorise and/or issue permits of lawful activities on the reservation • apply to the MLC for directions about...

8. Maori Reservations.pdf [pdf, 348 KB]

   ...trustees or the beneficiaries. In terms of Regulation 3(h), any trustee removed by the MLC should not later be reappointed as a trustee for the same reservation (removal by the Court is a disciplinary matter). POWERS OF THE TRUSTEES Trustees are responsible for the administration of the Māori reservation and complying with the Regulations. Trustees of a reservation may: • authorise and/or issue permits of lawful activities on the reservation • apply to the MLC for directions about...

9. [2022] NZEmpC 201 Young v Port of Tauranga Ltd [pdf, 216 KB]

   ...operates a port that receives cargo ships from around the world. The plaintiff was employed there as a tug engineer. 1 HLI v VMZ [2022] NZERA 164 (Member Fuiava). 2 At [19]–[56]. [4] On 30 April 2021, the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) came into effect. The Order required certain people who worked at the defendant’s port to be vaccinated against COVID-19. [5] Effective from 14 July 2021, the Order was amended so that i...

10. BN v MV & KT [2023] NZDT 534 (5 October 2023) [pdf, 229 KB]

    ...specific question back to MV or could she rely on the disclosure document? c. Was there a misrepresentation that induced BN into the contract? CI0301_CIV_DCDT_Order Page 2 of 5 d. If there was a misrepresentation what is the remedy? Who is responsible for any loss? Was there an issue with flooding or water at the time the property was sold that should have been disclosed? 7. I am satisfied there was an issue with water ingress into the garage that should have been disclosed...