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1. MacFarlane v Hurihanganui - Whakarewarewa 2B (2015) 133 Waiariki MB 290 (133 WAR 290) [pdf, 262 KB]

   ...Maryjane Hooker 74 Nuki Nicholson 70.5 Paula Mapuna Werohia 69 Dennis (Rim) Paul 67.5 Kiri Potaka-Dewes 50 [3] The applicants now seek the appointment of the six highest polling candidates as responsible trustees, namely Warwick Morehu, Karen Walmsley, Kataraina (Kaa) Kereama (Wiringi), Huru Perry Maika, Donna Marie Tai Tokerau Durie Hall and Mereheeni Maryjane Hooker. [4] At the last hearing held on 11 November 2015 a number...

2. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...assets pending further enforcement proceedings. This judgment does not require the second or third respondents to meet the debts of the first respondent but recognises that, as the human operatives of their company, Mr Awad and Ms McFarlane are responsible for what it does or does not do. Further, I consider that there is a realistic possibility that the company’s assets may have been transferred to either or both of the second and third respondents in an attempt to avoid paymen...

3. UN Declaration on the Rights of Indigenous Peoples [pdf, 166 KB]

   ...Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or other- wise used or acquired. 2. Indigenous peoples...

4. Hutt City Ltd & Anor v CAC 20002 & Anor [2013] NZREADT 109 [pdf, 127 KB]

   ...could be achieved. The complainant was concerned that no formal arrangement had been made and that only $100 was taken as a bond; yet Linda Turner had arranged a formal tenancy agreement when she heard of the problem late that afternoon. [6] In response to the complaint, Donna stated that around lunch time on the settlement date, when she was not in the office, she received a call from the agency’s office manager, Judy Robinson, to say that the husband purchaser was outside the age...

5. Russell v CAC 10057 & Hoen [2012] NZREADT 17 [pdf, 123 KB]

   ...advertising agreed for the property was cancelled after two weeks (on 19 June 2010) when the agent assumed the property was nearly sold, when in fact there may have been other buyers interested.” [6] The Committee also set out the licensee’s response rather succinctly as follows: “ 2.5 Ms Hoen (the licensee), in her response states the ultimate purchasers of the property initially made an offer of $390,000 subject to conditions including a builders report. Due to concerns...

6. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

   ...She produced, under oath, documents relating to Client A’s status from the Tauranga District Court dated 22 March 2010 and from the Family Court, Hamilton, dated 21 September 2010 and 22 March 2011. She also produced a document prepared by a responsible clinician, Dr L, which was described as “Notice to Patient Subject to a Compulsory Treatment Order Directing Change from Inpatient to Community Treatment Status”. The form stated that a copy had been sent to the Director of...

7. DH v WU LCRO 219 / 2010 (29 June 2011) [pdf, 105 KB]

   ...of the value of the property, and would also have been aware that the value assessed and paid, represented the value of the property based on the title as it stood. [30] Subsequent to the hearing, further approaches to Ms C produced the same response as previously, namely, that she did not wish to incur any cost at all. In addition, I had reservations in any event as to whether any agreement between the Applicant and Ms C would be sufficiently robust to ensure that the process fina...

8. FP v UW LCRO 225 / 2010 (11 October 2011) [pdf, 99 KB]

   ...action against ABW. [13] It is not necessary to recount the detail of the work undertaken by UV and UU, but suffice to say, UU was unable to recommend contact with ABW in the way that had 3 been anticipated. By mid November 2008, in response to a direct question from FP, UU advised that they did not have a claim. [14] Rather than abandon the claim at that stage, UU suggested that FP and FQ apply for legal aid to enable further investigations to continue. UW and his firm...

9. Baltasound v Paignton LCRO 222 / 2009 (19 May 2010) [pdf, 110 KB]

   ...[2008] 3 NZLR 105). [32] Conduct unbecoming could relate to conduct both in the capacity as a lawyer, and also as a private citizen. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners" (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). For negligence to amount to a professional breach the standard found in s 106 and 112 of the Law Practitioners Act 1982 must be breached. That stand...

10. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

    ...take, and also reflects an awareness that this was a most unusual situation, and one involving professional judgment. Ultimately it was the Applicant‟s decision to pay the money to XX. It may be said that he abrogated his own professional responsibility by relying on the opinion of others. Taking into account all of these matters, I do not accept the steps that the Applicant took reasonably amount to a mitigating factor. [23] A further example that caused me to question th...