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  1. McLeod v McLeod - Mangatawa 2B2A (2007) 88 Tauranga MB 292 (88 T 292) [pdf, 1.5 MB]

    ...the grounds that the trust had not held an Annual General Meeting in over four years, the trust had not convened a proper meeting of trustees in over two years, and financial and other records of the trust were not disclosed to all trustees. In response the trustees filed tills application to remove the McLeods essentially because the trustees alleged that the behaviour of the McLeods was such as to make the holding of meetings and the administration of the trust impossible. [5] A...

  2. Irving and D'Cunha v CAC and Brown [2017] NZREADT 42 [pdf, 333 KB]

    ...purchased the property and paid the deposit. Mr Brown responded to their enquiries based on his understanding of the location of the boundary. His understanding was based on previous discussions with the vendors regarding the boundary, ownership of and responsibility for the barked area out the front of the property; and the information contained in the LIM and title. Mr Brown responded in this manner because he wanted (to) be as helpful as he could and provide them with his underst...

  3. LCRO 218/2018 GB v JV (20 March 2019) [pdf, 141 KB]

    ...uncertainty and risk by signing an agreement that allowed him so little time to seek advice and satisfy the conditions before the unconditional date. [25] The urgency was not of Ms JV’s making. There is no indication on the materials that she was responsible for any delay. If she had not declared the agreement unconditional so promptly, Mr GB may have had cause to complain if he had lost the agreement because of delay on Ms JV’s part. [26] Ms JV says she understood Mr GB...

  4. Van Zyl v McNeil [2019] NZIACDT 27 (8 May 2019) [pdf, 109 KB]

    ...application had been allocated to an immigration officer for processing. 3 [10] On the same day, Immigration New Zealand sent a letter by email to Ms McNeil identifying a number of issues with the complainant’s application and inviting her response by 15 June 2016. [11] On 10 June 2016, the complainant’s wife sought an update on progress. Ms McNeil rang his wife in response but was unable to speak to her. Ms McNeil advised again in an email that day that the applicati...

  5. Kozlov v The Real Estate Agents Authority CAC (416) NZREADT 21 [pdf, 184 KB]

    ...receiving a call from Mr Kozlov’s solicitor asking her to inspect the property, and instructing her to use keys she was holding for Mr Kozlov. The Committee concluded that this part of Mr Kozlov’s complaint was vexatious and unwarranted.2 [c] Responsibility for the condition of the property lay with the vendor, not Ms Hall, as the vendor’s agent. Ms Hall conveyed Mr Kozlov’s concerns to the vendor and it was the vendor’s responsibility to remedy them.3...

  6. Joint Memorandum of Counsel re Mana Whenua Matters 7 September 2018 [pdf, 840 KB]

    ...Biosecurity Management Plan (BMP); Inner Viaduct Harbour Environmental Management Plan (IVHEMP); Industrial and Trade Activities Hazardous Substances and Environmental Management Plans (ITA HSEMPs); Industrial and Trade Activities Emergency Spill Response Plans (ITA ESRPs); and Event Management Plan (EMP). Accidental discovery protocols; Procedures for the cultural induction of construction workers and Event staff; Timing, frequency, location and methods of cultural m...

  7. [2021] NZEmpC 14 Disabilities Resource Centre v Maxwell [pdf, 204 KB]

    ...it is true that Ms Maxwell raised matters in the context of the disciplinary meeting, she did so to explain her actions in an effort to convince Disabilities Resources not to dismiss her; she did not claim the dismissal was unjustifiable. Her response to the suggestion of dismissal was to acknowledge her work arrangement “wasn’t right” and to offer to try and compensate Disabilities Resources for the moneys she received. There also was nothing in her letter of 17 May that co...

  8. Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No 2 (2017) 366 Aotea MB 263 (366 AOT 263) [pdf, 270 KB]

    ...general body of Beneficiaries of the Estate to obtain their views on the Application or the Court directions. The last communication with the Executors was on 11 March 2016. [22] At the last hearing he acknowledged that the delay was partly his responsibility: I Parker: I am in the hands of the Court. I accept that it’s my fault that the beneficiaries haven’t been put in a position to be aware of the submissions that they can make. [23] Then again he made the fact of his own...

  9. DVPP forms [October 2016] [pdf, 211 KB]

    ...means you want the Courts and the client’s partner/ex-partner to know they have not engaged. In those cases, you will need to file a Notice of non-compliance (DVPP04) as well. Under the law, different actions have to be taken by the Court in response to the different forms (which is why we need you to do both): A Notice of Safety Concerns must go before a Judge in every case, no exceptions, and the partner/ex-partner must be informed of your concern. A Notice of non-compliance...

  10. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

    ...correction was made. [6] The Court directions required filing of any application for costs by 30 March, reply by 14 April and any final reply by 21 April 2017. The Council's application for costs was filed in accordance with the directions, and no response has been received. Accordingly the Court now moves to consider the question of costs. [7] The general principles as to costs are well established and it is not necessary to recite those in this case. These were traversed in r...