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1. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...premature. [100] Furthermore, it is not unreasonable to allow time for the lawyers to attempt to reach agreement about dividing the remaining trust account funds. Those negotiations took about two months, before breaking down on 24 October 2012. [101] At that point, I consider that Mr AJ ought to have taken steps and sought clarifying orders from the Judge, initially at least by way of memorandum. It is reasonable to allow four weeks to complete that. [102] In my view, Mr AJ’s...

2. IPT Practice Note 4/2023 Deportation Non-Resident [pdf, 384 KB]

   ...appropriate, the Tribunal may also seek submissions from the chief executive. When it does so, it will inform the appellant and provide copies of the chief executive’s submissions for comment — section 226(3). 10. SPECIAL NEEDS OF APPELLANTS [10.1] The Tribunal endeavours to accommodate the special needs of appellants, such as those with a disability, and expects to receive advance notice of any such needs. 11. OFFICIAL INFORMATION ACT AND PRIVACY ACT REQUESTS [11.1] In...

3. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are eit...

4. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...Maniapoto‟s affidavit stated that: 32 One cannot look at the operation of that land block in isolation. It is in fact a good fit with the plans for the Opepe farm development... and is now being integrated into the dairy farming operation. [101] The appellants also submitted that the Trust is a farming business and whether the specific debt to asset ratio of the Trust is reasonable for a farming business is not before the court. [102] They submit that the lower Court erred in...

5. [2021] NZEmpC 117 Zara’s Turkish Ltd (in liquidation) v Kocaturk [pdf, 378 KB]

   ...calculation the excess (that is, the amount over $20,961.12) is to be paid to him from the funds controlled by the Registrar. [100] Leave is reserved to apply for further orders if there are any problems over calculating the amounts to pay. [101] The Registrar is to pay any remaining balance of the funds under her control to the liquidator of Zara’s Turkish. [102] Costs are reserved. Given the mixed success, and the liquidation of Zara’s Turkish, my present inclination is...

6. Ngati Pahauwera Letter of Determination 23 August 2016 [pdf, 866 KB]

   ...requirement for recognition of a PCR is that the right “has been exercised since 1840; and continues to be exercised ... by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time”.3 10.1 consider it reasonable to infer from the Ngati Pahauwera evidence that some taking of minerals, driftwood, water for medicinal purposes and whitebait in the Mohaka and Waihua Rivers and around their mouths has been exercised since 1840, in...

7. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...for the Applicants B O'Callahan and A C Poole, Counsel for the Respondent Judgment: 27 September 2013 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Mr K R M Littlejohn, Barrister, DX CP18203, Auckland 1010, littlejohn@quaychambers.co.nz Carter Kirkland Morrison, Lawyers, P O Box 2137, Shortland Street, Auckland 1140, brent@carterkirklandmorrison.com 63 Waikato Maniapoto MB 287 Introduction [1] During her lifetime Rachel Ngeung...

8. LCRO 127/2017 EZ v UO [pdf, 265 KB]

   ...should be providing a copy of his whole file to Mr LG so that Mrs EZ can discover any additional documents on the file that were not disclosed as part of the original affidavit of documents”. Mr SB also emailed Mr LG expressing his concern. [101] It clearly was the plaintiff’s position that it continued to believe that Mrs EZ had failed to discover relevant documents, and that those documents continued to reside with Mr UO. Mr LG was put on notice that the plaintiff reserved its...

9. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...facilitate the administration of justice. … A lawyer must not attempt to obstruct, prevent, pervert, or defeat the course of justice. … A lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. [101] Though they sit within the rules that regulate lawyer conduct and client care, rr 2, 2.2 and 10 of the Rules are arguably wide enough to encompass conduct by a lawyer that does not occur at a time when they are providing regulated servi...

10. [2022] NZEmpC 48 E Tu Inc v Mount Cook Airline Ltd [pdf, 314 KB]

    ...The difficulty with Mount Cook’s approach is that in Idea Services the Court of Appeal held that the expression “rate of pay” meant an amount payable for a unit of time. The units of time are those in the order: an hour, day, or week. [101] The language in cl 4 of the order is clear and does not suggest that what is payable can be a part or portion of those units of time. Such an outcome would dilute or undermine the effect of a minimum wage. The clause begins by saying t...