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1. Pacey v Adlam - Matata Parish 39A2B2B2A and Matata 30A 2A (2016) 147 Waiariki MB 143 (147 WAR 143) [pdf, 260 KB]

   ...court to appoint the Māori trustee as responsible trustee for the trust, the Māori Appellate Court held that: 9 8 Taueki – Horowhenua 11 (Lake) Māori Reservation Trust (2012) 279 Aotea MB 101 (279 AOT 101). 9 Tito – Mangakahia 2B2 No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86). 147 Waiariki MB 150 [48] In Maxwell v Parata – Maruata 2B2 the Māori Appellate Court found that where there is no applicati...

2. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...and/or in respect of employees 8 New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13], Milne v Air New Zealand Ltd [2014] NZEmpC 101 at [18], Ahmed v Connect Supporting Recovery Inc [2016] NZEmpC 127 at [14] and Kaipara District Council v McKerchar [2017] NZEmpC 55 at [162] – [163] and [190] – [193]. 9 Rapana v Northland Co-Operative Dairy Co Ltd [1998] 2 ERNZ 52...

3. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...(a) GX will resign as a director of [Company A]. (b) GX will transfer her shares in [Company A] to OM for OM to retain as his separate property. (c) OM will retain all the shares in [Company A] as his separate property. … 10. Settlement 10.1 In full and final settlement of all claims under the Act or the Family Proceedings Act 1990, OM will pay GX or her nominated entity the settlement sum of $10,000,000 (Settlement Sum).5 2 The power of appointment of new trustees was veste...

4. People charged and convicted of psychoactive substances offences December 2022 [xlsx, 97 KB]

   ...charges). Number of charges Percentage of offence type total Offence type Charge outcome 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Sale and/or supply Convicted 8 32 159 109 122 101 84 73 21 24 73% 34% 68% 70% 67% 64% 69% 72% 68% 36% Other proved 1 9 4 2 2 0 0 1 0 0 9% 10% 2% 1% 1% 0% 0% 1% 0% 0% Not proved 2 53 70 45 58 58 37 27 10 42 18% 56% 30% 29% 32% 36% 31% 26% 32% 64% Other 0 0 0 0 0 0 0 1 0 0 0% 0% 0% 0% 0% 0%...

5. AB v FT LCRO 008/2015 (30 June 2016) [pdf, 98 KB]

   ...variously refers to these allegations as “fanciful”, “baseless” or as otherwise lacking evidence in support.24 20 At [36]. 21 At [29]. 22 At [71]. 23 At [74]. 24 At [85], [86], [89], [101] and [103]. 8 Overcharging [40] Mr FT acted for the ABs for approximately 12 months. He has described in detail the nature and extent of that retainer. For that work, Mr FT charged fees totalling $85,204.63 (including GST). Comp...

6. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...failure to collect that deposit and she sets that claim out as follows: “ Details of the extra costs incurred by us because of Shane Robinson’s actions: Expenses incurred by Daphne and Graeme up to 27 March 2014 Penalty interest 6 days at $101.96 $611.76 Advertising with Ray White $477.26 Additional lawyer’s costs $1,346.19 Interest for Bridging Finance 5/10/11-23/11/11 48 days at $38.08 $1,827.84 Interest on principal to be repaid from sale of 24A Gladstone Road -...

7. [2011] NZEmpC 160 Angus & McKean v Ports of Auckland Ltd [pdf, 154 KB]

   ...foregoing sources, we will refer to other relevant provisions of the principal Act to interpret the new sections. [8] As in V, we have had regard to the specific objects of the Act set out in s 3 which relate to both ss 103A and 125, and those in s 101 which relate to Part 9 of the Act containing both new sections. [9] In V we referred to what was then (and remains) the latest authoritative statement about the law of statutory interpretation, the judgment of the Supreme...

8. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...[2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 9 Submissions from Mr Parker [48] There is a statement of reply (20 April 2020) from Mr Moses. [49] According to counsel, Mr Parker maintains that he did not breach his professional obligations by delegating...

9. The Sentencing Act 2002: monitoring the first year [pdf, 167 KB]

   ...degree of understanding on your part took place as to the impact of your offending and that the complainant was prepared to acknowledge your problems and shake your hand at the end and wish you well. Offers and agreements to make amends 30. Section 10(1) of the Act provides that the court must take into account any offer, agreement, response or measure to make amends by or on behalf of the offender. This builds on section 12 of the CJA, as amended in 1993. 31. Section 10(2), however, goes o...

10. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

    ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z, above n 6, at [97], [101]–[102] & [112]. 12 resignation letter was only, “HR policy for those who need to leave the company for a long period of time”. The complainant’s manager was aware of the leave letter. There was no misleading beha...