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1. [2021] NZREADT 01 - Walker (14 January 2021) [pdf, 237 KB]

   ...appellants had hoped to resolve the matter without having to submit the items, but noted that they had referred to them when submitting the complaint. [17] Mrs Walker further submitted that having read and digested Mr Hickson’s statement and responses, there are a number of false statements that need to be addressed, and the false statements are pivotal and critical in determining the outcome of their claim. [18] On behalf of Mr Hickson, Mr Tian submitted that the Tribunal should...

2. Application for family or civil legal aid form [pdf, 3.6 MB]

   ...information requested, your application may not be able to be assessed, or may be declined. Your application may be refused if you have any debt from a previous legal aid grant. Personal information about you will be collected and/or disclosed to meet responsibilities under the Legal Services Act 2011 (the Act), associated regulations and/or any other relevant statute or court order. This information may be used for statistical and/or research purposes and in this context will not individu...

3. Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB121 (135 WMN 121) [pdf, 202 KB]

   ...Brightwell’s intentions in relation to the occupation order may not align with what was agreed when the occupation was put under Anne and Evelyn Douglas’s names. Reply submissions from Evelyn Brightwell [10] The Court directed that the response from Anne Kiwi’s children be referred to Evelyn Brightwell so that she had an opportunity to reply to the various allegations made. The Court received Evelyn Brightwell’s response on 8 November 2016. Ms Brightwell rejected the a...

4. [2017] NZEmpC 38 Eden Group Ltd v Jackson [pdf, 111 KB]

   ...memorandum at para 27 as follows: Access to documents on the court file is sought so that I can be properly informed of the case against me and so that I can take steps to commence civil proceedings and referral to the Lawyers Complaints Service. Response by the parties [16] On 9 February 2017 a copy of Mr Ayers’s request was sent to counsel for the parties and their responses were sought. The plaintiff’s response was that Mr Ayers should only be given access to those docume...

5. Complaints Assessment Committee 403 v Elia [2017] NZREADT 7 [pdf, 110 KB]

   ...to her as soon as possible. Mr Elia responded at 9.20 am “I arranged a rental appraisal yesterday in preparation (see attached)”. [e] The rental appraisal attached to Mr Elia’s email was not prepared specifically for the property, in response to Mrs B’s request. Rental appraisals at the Agency were prepared by a separate property management team. Mr Elia had a rental appraisal for a different property, prepared by the Agency’s residential property manager, in Wor...

6. Griffiths v Real Estate Agents Authority (CAC 412) & Burnett [2017] NZREADT 26 [pdf, 206 KB]

   ...before the second respondent gave the offer to Mr Bowie Mr Burnett text and emailed Mr Nuttal asking him to confirm that the draft fixed assets register information was now correct and up-to-date. He asked this again on 28 July. There was no written response to this request. Shortly thereafter Mr Burnett provided the draft (incorrect) fixed assets register to Mr Bowie. Clearly Mr Burnett was obliged to follow the instructions of his vendor client and he was also required to ensure t...

7. Fisher v Foster (Strike-Out Application) [2019] NZHRRT 54 [pdf, 184 KB]

   ...the Tribunal by filing a statement of claim in which she alleged breaches of information privacy principles 1, 2, 4, 5, 6, 8 and 11 on the part of Dr Foster, arising from Dr Foster’s care of Ms Titchener, at the Seatoun Medical Centre. [5] In response to the claim, Dr Foster made a protest to jurisdiction. The basis of this was that, as the Privacy Commissioner investigated only an alleged breach of Principle 6, Ms Fisher was precluded from bringing proceedings in respect of Principle...

8. Auckland Standards Committee 2 v Kennelly [2020] NZLCDT 6 [pdf, 143 KB]

   ...involving gross carelessness may justify a charge of professional misconduct under s 112(1)(a) of the 1982 Act or its equivalent under s 241(a) of the 2006 Act. [19] Mr Davey referred to the statement by the authors of the text Ethics, Professional Responsibility and the Lawyer at [15.9.1]:2 That the duty to honour undertakings is strict means even when a lawyer has erred or made an oversight, circumstances have changed radically, or for the lawyer to adhere to the undertaking will ca...

9. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   ...allegations. [17] The statement of claim has otherwise been left blank by Mr Rabson until the following heading: Part 5: What order(s) do you want the Tribunal to make? To this question Mr Rabson has replied: The name of the individual (lawyer) responsible for the email and statements made. The basis for making these comments. A written apology. [18] It is readily apparent from the statement of claim that no arguable case under IPP 6 is disclosed. The complaint is about the cont...

10. Te Manutukutuku Issue 17 [pdf, 2.6 MB]

    ...radio, 44% print and 17% television. Public inquiries on a wide range of topics totalled 222. Tribunal members and staff com­ pleted about 52 speaking engagements during the year. The Tribunal re-issued its information booklet during the year in response to a continuing demand and a reprint may already be required. The other major publication for 1991, Claims to the Waitangi Tribunal written by WH Oliver, has been selling steadily. The resource kits for schools have become increasingl...