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1. Ruka - Rangihamama X3A and Omapere Taraire E (2008) 123 Whangarei MB 137 (123 WH 137) [pdf, 4 MB]

   ...Middle 4A2B2 C­ Opepe Farlll Trust (1996) 68 Taupo MB 27. In that decision Judge P J Savage was critical of trllstees who had used trust resources incorrectly even though they had relied on advice. He also said that in such cases trustees have the responsibility of establishing that they have acted honestly and reasonably. His Honour then empha.sised that trustees in such circumstances have the option of seeking directions from the Court and when they fail to do so they must be excused fo...

2. ASC - Annual Report 2016 [pdf, 1.7 MB]

   ...(a) Because a small number of women are provided with more than one type of contraceptive, contraceptives provided sum to more than the number of abortions. (b) 'Referred to general practitioner' or 'referred for vasectomy' responses are in the 'none' category. (c) ‘Oral Contraceptives’ includes combined oral contraceptives and progestrone only contraceptives. (d) ‘Other’ contraceptives are largely the emergency contraceptive pill. 28...

3. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...did not consider there was anything inappropriate about Mr DF allowing Mr KM to assist with this aspect of the proceedings. The difficulty, however, is that Mr DF appears to have deferred to Mr KM too much to the point that he overlooked his own responsibilities as far as discovery was concerned. It was ultimately Mr DF’s role, as lawyer acting for the plaintiff, to take all reasonable steps to ensure compliance by the defendant with the February 2015 Court order as to discovery....

4. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...memorandum, made a submission or expressed a view to the court on any material evidence in terms that appeared to convey his personal opinion on the merits of the evidence or issue, contrary to the provisions of r 13.5.4. 4 [18] HL provided responses to the Committee’s notice of hearing on 10 April 2019 and 24 May 2019. [19] Those responses were comprehensive. In summary, HL submitted that; (a) he had, over a period of time, garnered together a collection of scientific p...

5. 2020-02-19 Simon Wilson Reply [pdf, 166 KB]

   ...another person, my evidence is within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Scope of Rebuttal evidence 4 In my evidence in reply I provide a response on a topic basis. The evidence I have responded to is: (a) Evidence in Chief of Ian McIndoe for Otago Water Resource User Group dated 5 February 2021; (b) Evidence in Chief of Anthony Davoren for Strath Clyde Water dated 5 F...

6. Jones v Waitemata District Health Board [2014] NZHRRT 52 [pdf, 84 KB]

   ...Challenged as to the accuracy of this note, Mr Rayment said he made the note some seven minutes after the meeting and believes his short term memory (with which he has no problems) allowed a full and accurate note to be completed. It was his professional responsibility to record interactions correctly. The interaction in question was brief, there had not been a lot to recall and he believes that the file note is accurate. He did not accept that Mr Jones told him that it was his wife who...

7. ZA v YB LCRO 135/2014 (31 August 2016) [pdf, 76 KB]

   ...December 2012 refers to the authority Mr ZA says Ms [RI] signed. That was sent by Mr [UF] to Mr YB’s offices. Mr [UF] pursued the request to uplift Ms [RI]’s files with some vigour. Mr ZA’s view is that Mr YB’s attribution of potential responsibility for conduct by Mr [UF], to Mr ZA, was “completely frivolous”. That view is inconsistent with Mr ZA’s obligation to supervise and manage Mr [UF]. Whether it was ultimately correct or not, there was a valid basis for that aspe...

8. [2020] NZEmpC 39 Metropolitan Glass & Glazing Ltd v Labour Inspector [pdf, 283 KB]

   ...“…bonus payments made under this Scheme will not come within the definition of “total gross earnings” for the purposes of holiday pay calculations under the Holidays Act 2003” carry no legal weight. [37] Metropolitan Glass also cannot avoid responsibility simply by labelling the STI Schemes as “discretionary”. The amendment to the Act effective from April 2011 was directed to concerns about employers avoiding including variable and conditional payments that formed...

9. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

   ...in 6 [2018] NZEnvC 228. 7 [2019] NZEnvC 029. 6 agreement. (p) On 28 March 2019 a judicial telephone conference was held. Subsequently a timetable was directed for a hearing in August 2019, including the filing of evidence in advance and response to the Court's questions for the acoustic experts. (q) On 29 August 2019 a further two-day hearing was held. Following this the Court directed that Cable Bay confirm what resource consents would remain active and what consent...

10. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

    ...conflate gravity of liability with penalty. Unsatisfactory conduct can, in some cases, result in strike-off or suspension. Where context and circumstances persuade, misconduct can be treated leniently. The purposes of the Act can sometimes be met by responses that elevate rehabilitation over other penalising responses. For the purposes of this decision, on liability, it is important to correctly categorise the conduct. 13 [47] In our view, Ms A’s conduct in sending the th...