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1. LCRO 78/2023 CQ v KV (20 May 2025) [pdf, 218 KB]

   ...detailed discussion of the amount, if any, that Ms HW should pay for the shares. [16] Ms KV and Ms HW ultimately reached agreement to resolve the situation. [17] On 6 July 2022, Ms KV complained directly to Mr CQ. Following an unsatisfactory response from Mr CQ, Ms KV lodged her complaint with the Lawyers Complaints Service. Ms KV’s complaints [18] Ms KV asserts that Mr CQ ‘insisted’ that she enter into the declaration of trust to the extent that he prepared the documen...

2. Sheleg v Accident Compensation Corporation (Cover for Mental Injury) [2025] NZACC 106 (3 July 2025) [pdf, 208 KB]

   ...client's mental and physical health. [20] On 5 October 2024, Mr Sheleg consulted Mr Luzmery Romero, Psychologist, who reported: The client's completion of the Trauma Screen and PTSD-DSM5 Checklist- Adult indicates a significant finding. His responses are indicative of moderate 7 anxiety and meet the clinical criteria for Post-traumatic stress disorder, underscoring the severity of his mental health condition. [21] On 6 October 2024, Mr Sheleg consulted Ms Sandra...

3. National Standards Committee v Poananga [2012] NZLCDT 12 [pdf, 292 KB]

   ...Further, because of the isolated location of most of her clients, she was required to travel to them to take instructions and to have forms completed, and that they would not come to her. She met her own travel expenses and said that she was responsible for around 35 claims covering much of the North Island. She indicated that she had been authorised to place her signature on the applications by some of the clients, some of whom were connected to her as whānau. [24] The Practi...

4. Atutahi v Accident Compensation Corporation (Impairment assessment) [2025] NZACC 152 (17 September 2025) [pdf, 259 KB]

   ...conditions. • The ACC, despite being asked to relook at the interpretation of directions for apportionment, insists on a pathway that creates a significant loss for many clients. • Though it is not the assessor’s, reviewer’s, or the court’s responsibility to change statute, I believe it is the assessor’s, reviewer’s and court’s responsibility that the law is applied so that there is not a travesty of justice. • I believe there is a correct pathway to go down that...

5. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...previous trustees, only Lisa Tuhi and Ngahapeparatuae Lomax remained in office. 6 Bruce Wakefield was subsequently removed as a trustee in 2007. 7 Mr Toatoa claimed he has resigned from the trust many years ago. This was confirmed by the then responsible trustees. [7] On 12 April 2013, following the grant of an interim injunction Florence Karaitiana and Clinton Hemana were appointed as interim trustees by way of replacement for all the existing trustees, with the exception of...

6. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...about the defendant’s financial performance. I accept Mr Pollak’s submission that this was a possible hypothetical outcome on Mr Mastoyo’s evidence. [21] I also found in the substantive judgment that financial issues were not the sole responsibility of the defendant, who was required to use outside accountants and could not employ the expertise he sought. He was also governed by a financial manager in Brisbane. I found that it was not fair to have blamed the defendant for...

7. Tatere - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 243 (2013 APPEAL 243) [pdf, 262 KB]

   ...its position. The Court then stated “At the conclusion of that time I am then going to depending on what I get, write a decision or issue a decision.” In that passage the Court left no doubt that the case would be closed on the receipt of the responses. Those responses were all filed by 19 August 2009. Although the last response filed was five days late it was anticipated, and we see no reason why the time could not be extended to allow its acceptance. [67] Notwithstand...

8. Matuku Ngati Maru Wharanui Pukehou Trust (2009) 245 Aotea MB 15 (245 AOT 15) [pdf, 306 KB]

   ...trusts so established play more of a custodianship role rather than strictly speaking, a representative role for the iwi and hapū concerned. They have not however been given the authority to conduct Treaty settlement negotiations with the Crown, a responsibility left to other bodies mandated by iwi. Indeed, there is no reference to mandate or representation in s216. The purpose of a whenua tōpu trust is set out, rather briefly, in s216(2) which provides that such a trust may be e...

9. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   ...clarifying memorandum which was prepared for a company retreat in early 2011. Amongst other things Ms Stormont asked why such a high administration cost had been allocated to Interiors and what a “coal face salary” meant. She never received a response to these queries. [12] A financial summary was prepared to 31 March 2011. That means that it coincided with the date on which Ms Stormont’s bonus entitlement fell to be assessed. For the first time costs relating...

10. Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]

    ...163 Aotea MB 168 and at its conclusion I issued an oral decision, which for convenience is now quoted in full, 163 Aotea MB 386-387: "Before the Court are two applications for an exchange order and for change of status. The Maori Trustee as responsible trustee of this land, commonly referred to as Polhill Gully, wishes to exchange that land for a piece commonly known as the Greta Point land. The agreement is between the Maori Trustee and the Wellington City Council. There is also...