Search Results

1. [2014] NZEmpC 185 O’Connor v Auckland University Students’ Assoc Inc costs [pdf, 120 KB]

   ...the unsuccessful party to contribute. A starting point of two- thirds is generally regarded as helpful in ordinary cases. However, careful attention must be given to factors said to justify an increase or a decrease. 7 [18] Counsel for AUSA has responsibly acknowledged that costs incurred by out-of-town counsel being engaged cannot be claimed. Making an adjustment to the invoiced sum by excluding disbursements relating to flights, accommodation and meals, the costs of AUSA are ap...

2. CAC 20004 v Clark & Clark [2013] NZREADT 88 [pdf, 28 KB]

   ...without the need for formal orders. Conclusion [21] We take into account the above factors which contain some significant mitigating features; that in the usual way there is a need for denunciation, deterrence, accountability, and for promoting responsibility among real estate agents; and that the defendants can be regarded as remorseful. [22] Accordingly, we censure each defendant and also fine each defendant $3,000 payable to the Registrar of the Authority at Wellington within 15...

3. O'Leary - Waitahanui No.6 Block (2011) 262 Aotea MB 95 (262 AOT 95) [pdf, 121 KB]

   ...the block while it retains its Māori land status. I questioned the Applicant’s counsel why this was the case given the Applicant would be the sole owner of the block, and he was proposing to continue working the block as part of his farm. The response was 2 : ... there is a different arrangement for ownership in respect of that land. It’s[that] at any time that Mr O’Leary may wish to sell his farm or deal with that block of land he is going to have to advertise and have the...

4. Legal aid for civil family disputes [pdf, 845 KB]

   ...• details of any savings or debts you have (such as hire-purchase payments) • the value of your property (such as a rates notice) • details of any other major assets you own (such as a car) • the number of children you are financially responsible for. If you have a partner you must give the same financial information about them, on a different part of the form. This applies to married and civil union couples and to de facto partners (including same-sex partners). This in...

5. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...accounts have been subject to satisfactory audit. I therefore appoint per ss222 and 237 of Te Ture Whenua Māori Act 1993 for a period of 12 months or until further order of the Court, Andrew Kusabs, chartered accountant of Rotorua as chairperson and responsible trustee. [17] Mr Kusabs will arrange a meeting of trustees along with the trust’s accountants Goldsmiths as soon as possible and provide the Court with a progress report at his earliest convenience.

6. CAC 2006 v Azimi - Interim Suspension [2012] NZREADT 43 [pdf, 30 KB]

   ...mortgage scheme; (d) Between 2007 and 2011, the defendant listed, sold, re-listed and sold the property at 289 Hillsborough Road, Waikowhai, knowing that she was doing so to facilitate the commission of a fraudulent mortgage scheme.” Initial Response to the Charges [6] At this stage, the response of Mr Newell, counsel for the defendant, is as follows: “The allegations against Ms Azimi are disputed. However, she does not presently wish to make any further comment othe...

7. CAC 10037 v Walker [2011] NZREADT 4 [pdf, 84 KB]

   ...6 of the Real Estate Agents (Complaints and Discipline) Regulations 2009 (Regulations), the Defendant was sent notice of the Committee’s determination to lay charges and a copy of the charges to be laid. [4] The Defendant failed to submit a response to this charge as required by Regulation 7. [5] Regulation 15 provides: [15] If a party fails to appear at the hearing of the Disciplinary Tribunal, the Tribunal may, having regard to all the circumstances,– (a) adjourn th...

8. Wellington Standards Committee v Jones [2014] NZLCDT 52 [pdf, 50 KB]

   ...factors that mitigate in his favour; a. There was no dishonesty beyond the signing of the certificates; 8 b. There was no loss of funds to clients; c. The intense personal family difficulties he suffered; d. His immediate acceptance of responsibility and full cooperation with the investigation and the disciplinary process; e. His otherwise good record over the years he has been in practice. [21] The Tribunal has considered the practitioner’s remorse, the steps he has tak...

9. DEF v Accident Compensation Corporation & KLM (Jurisdiction Objection) [2014] NZHRRT 27 [pdf, 46 KB]

   ...the investigation relates of: [9.5.1] The details of the complaint (if any) or, as the case may be, the subject-matter of the investigation; and [9.5.2] The right of that person to submit to the Commissioner, within a reasonable time, a written response in relation to the complaint, or as the case may be, the subject-matter of the investigation. [10] While it is correct that satisfaction of the statutory process and in particular, of s 73, can occur by necessary implication ([NKR] at...

10. DOP v Nelson (Application for In-Court Media Coverage) [2013] NZHRRT 13 [pdf, 46 KB]

    ...advise whether the application was opposed and if so, the reasons for the opposition. The Chairperson would then decide whether to grant or decline the application on the papers or convene a formal hearing or telephone conference. 2 [3] The responses filed by the parties have provided no grounds for the convening of a formal hearing or of a telephone conference. The application is therefore to be dealt with on the papers. Position of the Director [4] By memorandum dated 22 Mar...