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1. AC v AAA LCRO 83 / 2010 (26 January 2011) [pdf, 123 KB]

   ...the landlord was going to accept the Applicants’ contentions, would be for proceedings were to be issued against the landlord and Orders made requiring them to comply with their obligations in terms of the lease. The Respondents cannot be held responsible for the landlord’s lack of acceptance of the state of the building as outlined in the Richardson report. [30] A second point raised by the Applicants relates to the rent review. The issue in this regard, is that the first val...

2. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...the Practitioner would respond shortly and requesting some payment in the interim. [13] No payment was made by the Applicant, and the Practitioner did not respond. [14] A further letter was sent by the Applicant on 16 August 2009 requesting a response from the Practitioner, but when no response was forthcoming, the Applicant lodged his complaint with the Complaints Service of the New Zealand Law Society on 7 September 2009. [15] The complaint recited the circumstances as set out b...

3. Macey v Whitehead - Hauiti Marae (2008) 180 Gisborne MB 31 (180 GIS 31) [pdf, 3.1 MB]

   ..."falsified" the minutes to cover up the inappropriate behaviour of a majority of the tlUstees in awarding the refurbishment ofthe kaumatua flats work without obtaining quotes. In her view, the process had been tainted and those trustees responsible should be taken to task. I note that the value of the work was approximately $2,000. Ms Macey emphasised that Mrs Whitehead in acting in the manner that she did by "falsifying" minutes had left herself open to the char...

4. ENV-2016-AKL-000TBA Wallace Group Limited v Auckland Council [pdf, 2 MB]

   ...sub-precincts (A, B, C and D) in four non-contiguous areas, which seek to encourage the subdivision and development of this land in a comprehensive manner to achieve a quality built and well-connected environment. The precinct contains development controls in response to known geotechnical limitations. The sub-precincts are as follows. Sub-precinct A applies to some 53.5 hectares of land between the Papakura Stream, Takanini School Road, Manuroa Road and Porchester Road. This land is current...

5. [2017] NZEmpC 24 Tradefog Global Co Ltd v Bartholomeusz [pdf, 177 KB]

   ...determination, the statement of claim in this challenge, and the submissions made on behalf of the plaintiffs and defendant. [3] The reason for the Authority’s decision to join Tradefog International to the existing proceeding lies in confusing responses to Mr Bartholomeusz’s personal grievance claim eventually placing in issue the identity of his employer. That issue did not materialise until the Authority received closing submissions from Tradefog Global at the end of the i...

6. Elers - Ngapakihi 2A2B (Raetihi Marae) (2017) 372 Aotea MB 75 (372 AOT 75) [pdf, 296 KB]

   ...Regarding the incident at the marae, Mr Morgan says he went there to drop off kai and simply inquired about who had put the items on the wall. According to Mr Morgan, Nova Elers advised him to talk to Sandy. He was not satisfied with Sandy’s response and spoke to the Chairman about it. 372 Aotea MB 80 [30] Mr Morgan believes that he can work with the trustees as is apparent from the February hui where it was said that anything done for the marae from here on in had been with...

7. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...circumstances relating to Ms A, he did not raise the circumstances of the former. This assertion is made to support the submission that ASB, thus appraised of the circumstances relating to Ms B, has had more than enough time to plead them. [33] In response, Mr Dench submits that Mr Reilly had limited involvement in the investigation concerning Mr Nel. That too is an assertion which has to be accepted on an untested basis. [34] Having regard to these factors, I find that there is...

8. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...7. The Court issued its Seventeenth Minute dated 1 March 2018 directing any party wishing to comment on the requested adjournment and/or reporting date to file memorandum by 16 March 2018. 8. Four memoranda were received from various parties in response to the requested adjournment. Wellington City Council and Wellington Regional Page 4 of 14 WEL98526 6576933.1 Legal submissions for Wellington International Airport Limited Council (Councils) jointly supported the request. Strath...

9. Deputy Registrar v Pacey - Te Murera Ruka [2016] Chief Judge's MB 963 (2016 CJ 963) [pdf, 307 KB]

   ...dismissed c) If objections are received, then the matter should be referred to the Court for directions. 2016 Chief Judge’s MB 969 Procedure [6] The Registrar’s Report was distributed to parties on 7 October 2015 with written responses or objections to be filed at the Office of the Chief Registrar, Wellington no later than 7 November 2015. [7] There are 37 owners in the Wairau Block (which includes remaindermen of a life interest, trustees of a whānau trust and...

10. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

    ...she was very patient. Her trust in Ms Mackintosh was shattered when she was given the first decline letter in May 2019. [24] It is contended that Ms Mackintosh, as a professional, failed to protect the complainant’s interest and must be held responsible for her conduct. Submissions from Ms Mackintosh [25] Mr Moses, counsel for Ms Mackintosh, produced submissions on 24 March 2021. He noted that Ms Mackintosh had already fully and frankly accepted her misconduct and had prov...