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1. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

   ...(Lawyers: Conduct and Client Care) Rules 2008, rr 6, 8.7.1 – see analysis below. 5 [27] In reaching the conclusion that the firm acted for Ms AC and Mr CN on the sale of the property “in accordance with [their] instructions and with their consent”, the Committee referred to “separate letters” to them from Mr DH, partner in the firm, to confirm their instructions.4 [28] In relation to Ms AC’s concern about the sale proceeds of the property also having been applied...

2. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

   ...Issue : The appeal is declined Costs are reserved " · ' ',', 2 Introduction and background [1] In a decision dated 12 January 2015, Commissioners appointed by the Auckland Council declined applications for land use consents, air discharge consents, earthworks consents and stormwater discharge consents made by Craddock Farms Limited. The applications involved the establishment and operation of a large layer chicken farm on the property at 254 Patumaho...

3. [2018] NZEnvC 054 Tasman District Council [pdf, 496 KB]

   ...Plan which was notified in January 2016. A number of submissions were received, hearings held by the Council and decisions issued and six appeals were lodged to the Environment Court. understand that five of those appeals have been resolved by consent order and that O the remaining appeal is currently before the High Court awaiting a decision. In f:"I: tY~ ort, PC60 has all but completed its process. PC60 addressed (inter alia) a matter of considerable resource management 2...

4. Nelson Standards Committee v Dallison [2013] NZLCDT 4 [pdf, 81 KB]

   ...Introduction [1] The penalty hearing in respect of the charges admitted by Mr Dallison was held on 8 February 2013. Present at the hearing was the complainant Mr B. By previous arrangement with counsel the practitioner was not present, however consented to his name being struck from the Roll of Barristers and Solicitors. Charges [2] The charge was framed in the form of three alternative charges. Firstly, “misconduct pursuant to s.241(a) of the Lawyers and Conveyancers Act 2006...

5. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

   ...(Applications for a strike out order and for leave to extend time) Introduction [1] Mr Saipe has challenged a determination in which the Employment Relations Authority (the Authority) dismissed an application for leave to extend time for filing a statement of problem in the Authority, under s 219 of the Employment Relations Act 2000 (the Act).1 1 Siape v Bethel [2018] NZERA Auckland 180. [2] This led to Ms Bethell fil...

6. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...in response, from the appellants’ solicitors, dated 23 August 2018 (to Mr Kearney) and 12 April 2019 (to the Authority’s investigator). The Tribunal notes that the appellants’ solicitors stated that the appellants were available to make statements to the Authority, or provide affidavits. However, there is no indication that statements or affidavits were requested. [c] Copies of relevant documents: the appraisal prepared by Mr Molloy, the Agency listing agreement, the uncon...

7. Wynyard v Waata - Manawakore C1 and Manawakore D (Pa Te Aroha Marae) (2019) 205 Taitokerau MB 207 (205 TTK 207) [pdf, 221 KB]

   ...Waata; Erana Carter; Erica Shaw; Ian MacDonald; Isabel Jull; Jack Tipene; Rawinia Harrison; Sophie Harris and Te Aroha Law.3 [6] The applications for inquiry and removal of trustees were received by this Court on 20 December 2018. A detailed statement setting out the issues was provided in support, along with various minutes, correspondence and financial statements. A copy of the application was sent to the respondent trustees by way of email on 26 December 2018. [7] On 15 Febru...

8. [2022] NZEmpC 45 Teddy and Friends Ltd v Page [pdf, 160 KB]

   ...unjustified dismissal from the plaintiff company within the statutory 90- day timeframe and ordered that the investigation meeting of Mr Page’s personal grievance was to proceed as scheduled.1 [2] The defendant applies to the Court for leave to file a statement of defence in relation to this matter. 1 Page v Teddy and Friends Ltd [2021] NZERA 406 (Member Urlich). [3] I treat the application as one to extend the timeframe for filing under s 221(c) of the Employment Re...

9. ENVC Hearing 6Oct14 WML rebuttal David Mitchell [pdf, 599 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal evidence of DAVID FORRESTER MITCHELL on behalf of Waiheke Marinas Ltd Dated 25 September 2014

10. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [pdf, 274 KB]

    ...responsibility for any adverse effects to my client (the applicant) by your insensitive, arrogant demands”? No you are never accountable for your actions. Accordingly I have no intention of responding to your PPI letter that is based currently on only your statements and therefore under the OIA legislation I and my legal advocates consider that all my client (the applicant) files; and that is to include any and all supplementary; i.e. Customer Interaction, inter branch in branch memos...