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1. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

   ...accordingly.” (Transcript p.93) [46] In the same Memorandum Mr Comeskey accepted his misconduct in relation to his client care obligations to Ms F, but did not accept the breadth of the criticisms made of him by Ms F. [47] Mr Comeskey accepted responsibility for the “wrongly constructed” invoice to Legal Services Agency, and the poor invoicing practices which had been allowed to develop in his office. He did not accept that he had acted dishonestly. [48] Mr Fairbrother, for...

2. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

   ...the hearing counsel for the respondents modified that position and it seems that the main complaint was in respect of a failure to plead the claim for mesne profits on trespass. [21] Counsel for the appellants referred us to the statement of response and counterclaim dated 16 May 2014 filed by the respondents, where direct reference is made to quantum meruit, and to an express, constructive or resulting trust. These matters were raised by the respondents themselves, if only to al...

3. Canterbury District Law Society v Wood [2009] NZLCDT 9 [pdf, 225 KB]

   ...investigation of the matters raised. [5] The complaint was referred to the Complaints Committee of the Otago District Law Society for investigation on behalf of CDLS, presumably to avoid any suggestion of conflict by CDLS. The tenor of Mr Wood’s response to the Complaints Committee (Bundle reference; 0144) indicates that this was an appropriate course. [6] Four complaints were formulated against Mr Wood. After considering the complaints, and Mr Wood’s explanations, the Complai...

4. Have your say on the family justice system [pdf, 1.2 MB]

   ...parties in dispute over arrangements involving care of their children. The service is only available for people who meet the income eligibility test. guardian (of a child) Being a guardian of a child means having all duties, powers, rights and responsibilities that a parent has in bringing up the child. hearing The part of a legal proceeding where the parties give evidence and submissions to the court and the Judge may make a decision. lawyer for the child A lawyer appointed b...

5. Tito - Mangakahia 2B2 No 2A1A [2016] Chief Judge's MB 398 (2016 CJ 398) [pdf, 314 KB]

   ...Order by failing to convene any annual general meetings during the life of the Trust and in failing to undertake reviews of the Trust required under the Order to be held every three years. The Judge also found that the trustees had abdicated their responsibilities as trustees by leaving the Trust's affairs solely in the control of a trust manager. As a consequence, the current accounts of beneficial owners had been overdrawn, payments had been made without the requisite authori...

6. E13 Stephen Priestley - Infrastructure and Coastal Processes - EIC - Applicant [pdf, 1.3 MB]

   ...level and comprise paved areas and be fully serviced. 3.2 Although the earthworks (for excavation) are of a small scale, there will be adverse environmental effects related to earthwork activities in contaminated soils. Monitoring and an active response strategy will be important to mitigating these adverse effects. These requirements are set out in the proposed conditions of consent. 0798 5 Maritime Works 3.3 The maritime works comprise new wharves (piles and deck), piled...

7. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...Tribunal, proceedings which were filed on 30 November 2015. From the outset the parties have been under an unmistakable obligation to bring the case to the earliest possible hearing. [76] It must be made clear we do not attribute to Mr Mihaka responsibility for the adjournment of the fixture scheduled for 28 and 29 September 2016. That adjournment was made necessary because of IT problems within the Office of the Director of Human Rights Proceedings. Similarly we attribute no respon...

8. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [pdf, 288 KB]

   ...started an online visitor visa application on 25 August. However, she was under the impression that his visitor visa would expire on 6 September due to an error in their file records. She had later become unwell. Ms Marica said she took full responsibility for not contacting the immigration officer sooner and apologised. The complainant had since received an offer of employment, so he now sought the discretionary grant (under s 61) of a work visa in the work-to-residence category...

9. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...Therefore, any additional dislevelment, or foundation changes, are de minimis, that is the physical changes have not been significant enough to qualify as insured damage. The lack of agreement has led LS to make this application. [8] In its response to the application, MIS say that LS made the choice not to repair and that his choice was communicated to MIS in a way, and under conditions, which mean he is bound by that decision. If MIS can prove this happened LS can only recover t...

10. Ngati Paoa Iwi Trust v Ngati Paoa Trust Board - Ngati Paoa (2018)173 Waikato Maniapoto MB 51 (173 WMN 51) [pdf, 408 KB]

    ...the case was being assessed and a Judge would shortly be assigned.3 [10] On 16 October 2018, Chief Judge Isaac determined the review was necessary and appointed Deputy Chief Judge Fox to complete it.4 He also directed the respondent to file a response by 19 October 2018, and this was duly provided by Memorandum of Counsel dated 17 October 2018. [11] On 18 October 2018, Chief Judge Isaac issued a further minute directing that two additional members be appointed to sit alongside...