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1. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...follows from a professional person failing to meet their obligations to a client. [63] In this case I am satisfied that Ms McHugh’s conduct does justify an award of general damages, but it will be modest. Ms McHugh has persistently resisted taking responsibility for refunding fees, and effectively put Mr Wiezoreck to the greatest difficulty possible in addressing Ms McHugh’s misconduct. This behaviour included a wholly unfounded claim that Mr Wiezoreck engaged in “false pretences...

2. Nolan - Estate of Wiremu Eruera Pohe (2016) 139 Taitokerau MB 170 (139 TTK 170) [pdf, 244 KB]

   ...[19] In the present case, an affidavit was sworn by Pereri Mahanga on the tikanga concerning whāngai in relation to the Rahuikuri blocks. Unfortunately Mr Mahanga was not available to present his evidence in person, or to answer questions. In response to questions from the Court, Dawn took issue with Mr Mahanga’s statement that Te Waiariki associates with the Rahuikuri blocks, however, she did not dispute his evidence on whāngai. [20] Mr Mahanga’s evidence is as follows:...

3. Parker v Maaka - Karamu D1B2C2 (2008) 196 Napier MB 290 (196 NA 290) [pdf, 280 KB]

   ...the Parkers sent a letter (from both of them) to the Court, apologising for not being able to attend the hearing. [26] I also conclude from the evidence that given Cheryl Parker did not move residence until June 2006 she would have received: a response to her and her brother's letter of23 May 2005; minutes of the 3 June 2005 hearing; and the decision of Deputy ChiefJudge Isaac which was sentto her on 8 July 2005. Notice to Donald Parker [27] Donald Parker in his affidavit sta...

4. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...considering costs, the starting point is that the losing party should pay the costs of the successful party, absent exceptional circumstances.8 However, if a Calderbank offer is made and a plaintiff does not beat the offer, there should be a steely response by the Courts, as that would be in the broader public interest.9 That 3 PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808. 4 Fagotti v Acme & Co Ltd [2015] NZEmp...

5. Green and Green v IT (Reinstatement of Second Plaintiff) [2016] NZHRRT 39 [pdf, 253 KB]

   ...always possible for parties to proceedings under that Act to mediate privately. [20] In later discussion the Tribunal drew attention to an issue which had not yet been addressed by the parties in their submissions, namely the Tribunal’s statutory responsibility under Part 4 of the Human Rights Act to (inter alia) exercise its powers according to equity and good conscience. That Part of the Human Rights Act has application to proceedings under the Privacy Act by virtue of s 89 of the...

6. Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) [pdf, 407 KB]

   ...proceed to conclude this aspect of the Estate through distribution of those shares in accordance with the intentions of the will of the deceased. Details of payments made as a result of the Order 2018 Chief Judge’s MB 92 15. A response is pending from the Office of the Māori Trustee/Te Tuma Pareroa confirming payment holds on all records pending the outcome of this application. Reference to areas of difficulty 16. There are no areas of difficulty in dealing wi...

7. 2017 NZSSAA 057 (10 October 2017) [pdf, 173 KB]

   ...the hours he had worked, he found difficulty keeping track of the amounts. He accepted that potentially he had made some minor errors in reporting, but overall he was confident he had accurately reported how much he had earned. The Ministry’s Response [11] The Ministry addressed each of the three issues arising in the appeals. 4 [12] In relation to the question of absence from New Zealand, the Ministry provided particulars. As discussed below this was not controversia...

8. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...the Privacy Commissioner began their investigation on the 16 th of June 2017, and I withdrew my complaint on the 13th of November 2017 after discussions with the privacy commissioner investigator as to the best way forward after we had received no response to my requests. [4] To similar effect see Mr Gray’s subsequent letter dated 31 January 2018: The second issue is over my withdrawal of my complaint to the privacy commissioner’s office. Having originally requested the correction...

9. E68 Colin Williams - Navigation Safety - EIC - Sanford Ltd [pdf, 821 KB]

   ...DS-002313-210-102-V3 INTRODUCTION 1. My full name is Colin Haigh Sherlock Williams. I am the General Manager Fishing for Sanford Limited (“Sanford”). I am also a director of Auckland Fishing Port Limited (“AFPL”). I live in Auckland. 2. I am responsible for the wild catch harvest operations for Sanford, which covers our 26 vessels ranging in size from 20m to 67m. These vessels require approximately 300 seagoing personnel on the water at any given time. I am also res...

10. Justice Sector Fines & Remittals forecast 2015-2020 [pdf, 477 KB]

    ...will appear in or around July 2016. This timetable may be adjusted if there is a need to accommodate new legislative or operational initiatives. 3. Summary of environment The Legal and Operational Services Unit of the Ministry of Justice is responsible for the collection and enforcement of fines, including Court-imposed fines, lodged infringements and reparation. They also provide enforcement services for unpaid civil judgements/orders at a creditor's request. The Legal a...