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1. Carley (INZ) v Kim [2015] NZIACDT 47 (7 May 2015) [pdf, 145 KB]

   ...provide client files relating to IC and ML meeting those requirements. [32.2] They lacked written confirmation of material discussions. [33] That establishes non-compliance with clause 26(a) and 16(c), given the evidence of Ms Kim having delegated her responsibilities to an unlicensed person, this element of non-compliance is concerning and far from simple laxness with records. Decision [34] The Tribunal upholds the complaint pursuant to section 50 of the Act; Ms Kim’s identified...

2. Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [pdf, 245 KB]

   ...disbursements. [13] Costs are also sought in respect of the discontinuance of the cause of action against Mangaroa & Other Blocks Incorporated (“the Incorporation”). The respondents prepared a statement of defence and accompanying affidavits in a response to the claim against the Incorporation. The applicants discontinued that claim in its amended statement of claim dated 29 January 2015. [14] Counsel for the respondents seek costs on a 2B basis in respect of this cause of...

3. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...would enable her to whakapapa to the land interests which Kelly had succeeded to from Manaena Waaka and Taiāwhio Waaka senior. [24] Te Whetu Waaka and Mere Owens disputed the evidence presented by Mrs Te Tau. The whakapapa evidence produced in response shows that Taiāwhio Waaka senior and Hera Hana Waaka were the parents of Kelly and his six siblings. Any other version is strongly refuted by the direct descendants of that union. 19 Tākitimu MB 171 [25] As noted in paragra...

4. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...it is submitted that the Court should take account of a Calderbank offer which was submitted to BHPL on 20 November 2015. The offer was to settle the issue of costs in connection with the application for leave in the sum of $3,000 plus GST; no response to that offer was received, from which it is assumed the offer was rejected. [45] Counsel went on to refer to relevant authorities. Particular reference was made to Booth v Big Kahuna Holdings Limited, 19 where Judge Inglis held...

5. Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230) [pdf, 184 KB]

   ...on the basis that there had been more than sufficient time to receive such advice before the Court hearing. [53] Mrs Melrose then sent a letter received by the Registrar on 13 September 2013. That letter was sent to all parties for comment. Responses were received from the 10 72 Waiariki MB 142 (72 WAR 142). 11 79 Waiariki MB 241 (79 WAR 241). 12 83 Waiariki 281 (83 WAR 281). 95 Waiariki MB 236 applicants, Olive...

6. Otago Standards Committee v Mawhinney [2012] NZLCDT 19 [pdf, 123 KB]

   ...to a colleague when faced with the more serious misconduct charge, that it appeared to dawn on him that what he had done was serious misconduct. [32] If we did not accept that Mr Mawhinney’s actions were thoughtless and careless of his responsibilities in this way, and constituted instead a deliberate attempt to subvert the disciplinary process, removal from practice for a period would have been likely. As it is, we consider the matter sufficiently serious that we view the...

7. Waters v Alpine Energy Ltd (Discovery No. 3) [2015] NZHRRT 13 [pdf, 67 KB]

   ...was fully entitled to seek such further and better discovery as might then be appropriate in the light of the new information found in the previously withheld documents. [12] As to the submission Mr Waters is, in effect, bound irreversibly by his response to the Tribunal’s question whether remuneration was relevant to the way in which he intended advancing his case, account must be taken of the following: 4 [12.1] When the question was put Alpine Energy and the Tribunal had seen...

8. BS v YC LCRO 152 / 2010 (13 May 2011) [pdf, 91 KB]

   ...towards his client the features of which “include an imbalance of power, the vulnerability of one party, a relationship of trust and confidence, and an assumption by one party of a duty to act in the other‟s interests”. (Ethics, Professional Responsibility and the Lawyer, 2nd Edition, Duncan Webb, para 5.3.2). This duty remains whether or not a lawyer‟s bills are unpaid. [27] I have set out above the content of the email sent by the Respondent to the Applicant‟s broth...

9. FF v WSC2 LCRO 23 / 2011 (27 September 2011) [pdf, 89 KB]

   ...circumstances giving rise to that failure, and information (or lack thereof) provided to the complainant. All other issues were encapsulated in these two issues. [42] All matters raised by the complainant were addressed by the Applicant in his responses to the Committee, and I cannot find any indication that he has been disadvantaged in any way by the generalised wording of the formal Notice of Hearing. [43] I do not therefore accept FH‟s submission that the Notice of Hearing was...

10. 2017 NZSSAA 019 (1 May 2017) [pdf, 172 KB]

    ...had not extended time, therefore, it was necessary for a Benefits Review Committee to consider that issue if it was to be a live issue. [13] For the appellant, the alternative view is that there is only one decision, which is the decision in response to the appellant’s request for a review. If the Chief Executive failed to consider all of the matters put in issue, this failure to consider all of the matters is one of the things that this Authority can make a decision on. It is n...