Search Results

1. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

   ...submitted by the licensee. On the same day, a brief valuation was provided at $720,000. However, a full valuation was not available until a later date. The pre-auction offer was not beaten at the auction. The complainant (another potential purchaser) claimed that the licensee had advised him that no pre-auction offer less than $850,000 would be sufficient to stop the auction. [24] We found that when this type of situation arises, a careful agency should ensure that steps are taken t...

2. UB v OZ LCRO 11 / 2012 (11 October 2012) [pdf, 111 KB]

   ...legal processes (and risks) of terminating the franchises. While I cannot agree that there was any professional failure on the part on the Practitioner in not having terminated either of the franchises in January, I do not accept as correct her statement that there were no overdue or very overdue invoices in January (discussed below). Overall there is nothing to show that the advice given by the Practitioner was negligent in the circumstances as they unfolded. That other or diffe...

3. AS v ZF LCRO 59 / 2010 (14 March 2011) [pdf, 142 KB]

   ...of fees and disbursements, the balance of $29,718.75 was remitted to Mr AU as instructed. The Practitioner‟s instructions ceased on 10 October 2008. [7] Mr ZF subsequently instructed Ms ZD to act for him. Ms ZD approached the Practitioner claiming that the fees charged by him were not justified and sought a reduction of fees. [8] The Practitioner did not accept that his fees were unjustified, but after some discussion, it appears that there was an agreement in December 2008 t...

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

   ...disagreements. Moreover, trustees must at all times be accountable for their actions especially where it affects trust property. [50] Regarding the complaint against Ms Edmonds, I have reviewed the letters provided in support as well as Ms Edmonds statement. I consider her to be a forthright person who is willing to challenge, where necessary, the actions of the trustees. This, in itself, is not necessarily a bad thing but where it impacts on the ability of the trust to make decisi...

5. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [pdf, 222 KB]

   ...was liable for deportation. [10] As Ms Tian did not inform the complainant of the outcome of the application or its immigration consequences, he continued to text or telephone her seeking news of the applications. She continued her practice of claiming not to know. [11] The complainant engaged his former counsel, Ms Mitchell, in January 2019. She contacted Immigration New Zealand and was informed of the decline of the complainant’s visa applications and his unlawful status. Cou...

6. Trustees of Tuaropaki Trust - Tuaropaki E (2002) 77 Taupō MB 25 (77 TPO 25) [pdf, 340 KB]

   ...owners or approximately 75%. Tuaropaki E block is used for various purposes including sheep, cattle, deer and dairy farming. The Trust is also engaged in geothermal investment through its sole shareholding in the Company. According to the financial statements for the year ending 30 June 2002, the Trust's assets are $174 million with liabilities of $119 million leaving net assets of approximately $54 million. The 2002 annual report discloses that the Trust enjoyed a record tax paid...

7. Connors - Rakautaua 1B2A2 (2007) 180 Aotea MB 242 (180 AOT 242) [pdf, 825 KB]

   ...appellant is the sole owner of the block cannot be a reason to change status since a key principle in the Act requires a balancing between the interests of the wider kin group and the landowner. In fact sole ownership would tend to strengthen the claim of the hapu to a right of repurchase in our view. Nor can the mct that the appellant is a whiingai and not by blood a member of the original landowning hapu take the appellant's case any further. Firs~ as a matter of tikanga, she is by...

8. General and Waikato Bay of Plenty Standards Committees v McGuire [2023] NZLCDT 16 (4 May 2023) [pdf, 161 KB]

   ...application was dismissed in a decision on 30 June 2020.3 In the course of that decision, the judge was critical of the evidence filed by Mr McGuire in support of his application. He referred to a lack of candour, referring to Mr McGuire’s statement:4 I have no idea why Mr B says I am a judgment debtor for a debt that can be enforced in this Court because I don’t have any details of how it was actually incurred. [23] And, in filing his application, Mr McGuire had not attache...

9. [2024] NZEmpC 129 Carrington v Roy [pdf, 229 KB]

   ...unjustifiable dismissal. I now order that sum of $18,000 be repaid by Ms Roy to Carrington Resort. [39] Ms Roy should make those payments within 28 days of this judgment. Costs affected by the lack of good faith before the Authority [40] In its statement of claim, Carrington Resort says that it seeks to recover all costs. 12 Roy v Carrington Resort Jade LP, above n 1, at [151]. [41] Notwithstanding the success on aspects of the challenge, I do not disturb the costs...

10. OIA-113021.pdf [pdf, 5.4 MB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 31 July 2024 Our ref: OIA 113021 Tēnā koe Official Information Act request: Written advice provided to Ministers Thank you for your email of 5 June 2024 requesting, under the Official Information Act 1982 (the Act), copies of written advice provided to Ministers. Specifically, you requested: 1. All written advice including briefings, memo