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1. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

   ...was in the name of BC’s friend, DH. BC has therefore not been able to deal directly with [Money Services transmitter] nor directly receive information from [Money Services transmitter]; BC has had to rely on her friend’s actions, enquiries, and statements. 13. BC produced copies of DH’s [Money Services transmitter] account statements which BC says show no payment was received into the Nominated Bank Account. Statements are for the periods 20 June – 21 July 2023, and 16 July...

2. Buckingham v Wycombe LCRO 93 / 2009 (31 July 2009) [pdf, 25 KB]

   ...clear that Ms Buckingham is not happy with the level of service she received. However it is important to note that the Rules of Conduct and Client Care impose minimum standards on lawyers. I have reviewed the correspondence on this file and the statements by Ms Buckingham, Ms. Wycombe and Mr P. I also note that I have approached the question of Ms. Wycombe’s conduct on a global basis. As such I have looked to the overall course of conduct, diligence, and timeliness of Ms. Wycombe...

3. Sade - Miriama Mahanga Whanau Trust (2017) 146 Taitokerau MB 75 (146 TTK 75) [pdf, 192 KB]

   ...trustee. This provision is no longer appropriate and should also be deleted. [39] Mr Mahanga seeks an order appointing his brother as a trustee. I agree that such an order is appropriate. However, I cannot appoint Mr Hoani as a trustee without his consent. 146 Taitokerau MB 83 If Mr Mahanga files a trustee consent form signed by Mr Hoani within one month of this decision, I will grant an order in Chambers appointing Mr Hoani as a trustee. Decision [40] I grant the follo...

4. [2023] NZEmpC 235 Pact Group v Sheridan [pdf, 211 KB]

   ...If the employee does not give full notice they will not be paid for any period of notice not worked. A lesser period of notice can be negotiated. [17] There is no definition of “two weeks written notice” in the agreement. 4 The amended statement of defence required leave to be filed; that was granted by consent. Plaintiff’s submissions [18] Pact’s position was that Ms Sheridan’s employment ended on 10 August 2021, when it unambiguously provided the contr...

5. Government Response to Law Commision Report on New Issues in Legal Parenthood [pdf, 36 KB]

   ...Commission recommendations – birth certificates 39. The Law Commission has recommended that specific information be included, or be able to be included, on birth certificates. In particular, it proposed that: • All birth certificates include a statement indicating that the Births, Deaths and Marriages Register contains other information that may be accessed by the person whose certificate it is;19 and • Parents be able to have an annotation put on birth certificates stating that the c...

6. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...health history. The outcome I want from the Court is to purely abide by my mother’s last will and testament. 2019 Chief Judge’s MB 986 I am on an Invalids Benefit and ask that the fee for my application be waivered. I attach a copy of my Statement of Income from Work and Income NZ up to 24 June 2012. My circumstances haven’t changed (appendix III). I submit a copy of my Mental Health assessment dated 9 February 2010 by Richard Firth (appendix IV) and a copy of my release...

7. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...in these proceedings before the Court. Another party, EcoCover Developments (Vanuatu) Limited was initially named in the application to the Authority but deleted. That company, however, had a part to play in the background to the dispute. A statement in reply on behalf of the first and second plaintiffs in their then position as respondents before the Authority, was filed with the Authority on 1 October 2008. As a result of comments made during an initial telephone con...

8. [2020] NZEmpC 87 Freeborn v Sfizio Ltd [pdf, 241 KB]

   ...Ltd, filed a memorandum opposing the application, contending in essence it would be unfair to grant leave in all the circumstances. Background [3] In the Authority, Ms Freeborn asserted she had been unjustifiably dismissed. Initially, her statement of problem cited the second and third respondents, Mr Curtis Gregorash and Ms Kathryn Parfitt, as her employer. [4] According to the determination, the statement in reply identified the employer as being Wadestown Kitchen. The Aut...

9. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

   ...immediately but others would need more time. [13] The next development in the narrative occurred on 18 December 2008 when TTL, through its lawyers Bell Gully, issued proceedings in the High Court at Auckland against Evolution and MarketSmart. The statement of claim recorded that following the termination of the joint-venture, TTL and Evolution had reached an interim agreement, designed to assist former joint-venture clients, under which temporary access by Evolution to the Thor sy...

10. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

    ...plaintiff submits that in her affidavit Ms Firth has adopted the persona of an “expert witness” but has stated no qualifications for that status. Certain paragraphs of the affidavit were sought to be struck out on that basis. These included: a statement that she has personal knowledge of the facts and was duly authorised by the defendant to provide evidence on its behalf; statements that the plaintiff does not have a strong prima facie case and that his prospects of success are...