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1. [2024] NZEmpC 220 Very Nice Productions Limited v Ormond [pdf, 200 KB]

   ...Company’s financial situation. Impact of order on plaintiff’s ability to bring its challenge? [21] The Company has submitted that if security for costs is ordered, it may prevent it from being able to proceed with its challenge. The Court of Appeal has noted that where an order will have that effect, it “should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to...

2. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 27 (30 August 2024) [pdf, 168 KB]

   ...documents produced at any hearing: (c) an order prohibiting the publication of the name or any particulars of the affairs of the person charged or any other person. (2) Unless it is reversed or modified in respect of its currency by the High Court on appeal under section 253, an order made under subsection (1) continues in force until such time as may be specified in the order, or, if no time is specified, until the Disciplinary Tribunal, in its discretion, revokes it on the application...

3. Morrison - Moteo Hapua Te Pirau 1C 4B (2024) 113 Tākitimu MB 193 (113 TKT 193) [pdf, 241 KB]

   ...help regulate the applicant’s personal affairs seems to be based on an expectation that he should be entitled to partition his shares out of the block 12 MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370). 113 Tākitimu MB 200 simply because it suits him. The submission that he thought he purchased the entire block in 1978 seems to be based on an assumption that it would be reasonable now to partition his interests. N...

4. LCRO 113/2024 TD v PW (25 September 2024) [pdf, 143 KB]

   ...of review is, as had been noted in a number of court decisions, “a very particular statutory process”.2 [15] The High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

5. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. Reti v Smith - Part Lot 7 Deposited Plan 3351 - Petane Marae (2024) 109 Tākitimu MB 1 (109 TKT 1) [pdf, 281 KB]

   ...could have sought court directions to authorise the payments. They could have commenced a process to amend the trust order and charter to allow the payments, 7 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17), at [11]. 109 Tākitimu MB 7 although I accept this option may not have been feasible given the urgency at play. Rather than exercise one of the available options, the trustees simply authorised payments to themselves t...

7. [2024] NZEmpC 224 Kongbang v Lotus Touch Ltd [pdf, 192 KB]

   ...Woodhouse “Strengthening enforcement of employment standards” (Ministry for Workplace Relations and Safety, 2015) at [47] and [119](15). can recover money rather than before they can take a case to the Authority. Further, the Court of Appeal has, in the context of this specific Cabinet paper, expressed significant reservations about relying on such documents.13 Therefore, the paper is also of limited use. Does the Court have jurisdiction to hear the claims against Mr J...

8. [2024] NZLVT 059 – Westphal v Auckland Council (18 November 2024) [pdf, 297 KB]

   ...terms and conditions as a bona fide seller might be expected to impose; and (b) no improvements had been made on the land. Value of improvements means the added value which at the date of valuation the improvements give to land. The Court of Appeal quoted from the High Court in Bushmere Trust v Gisborne District Council:3 … capital value and market value are not identical concepts. The High Court, however, did not say that capital value and market value were indistinguishable...

9. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...facilitation of a dishonest scheme, it was a “one off” incident, there was no personal financial gain, and the Tribunal was provided with glowing references on the practitioner’s behalf. In short, a very similar situation to the current one. On appeal against the Tribunal’s decision to strike off the practitioner, a two years suspension was substituted by Peters J in the High Court. I discern no material features of this 9 Above...

10. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 108 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000052 [2010] NZWHT WELLINGTON 17 BETWEEN RIVER OAKS FARM LIMITED & C & A M THURNELL & L HORNE AS TRUSTEES OF INGODWE TRUST Claimant AND TIMOTHY OLSSON, CHARLOTTE OLSSON & JOHN CRONIN AS TRUSTEES OF THE PICOLLO TRUST First Respondent AND TIMOTHY OLSSON Second Respondent AND DENTON PERRY Third Respondent AND KENT JARMAN Fourth Respondent AND WARWICK SWEETMAN Fifth Respondent AND MAXI