Search Results

1. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...trust, on the available evidence, has lost significant sums of money during her tenure as “administrator.” Her explanations have at best been unsatisfactory. Her acknowledgments must also be noted. In short, Ms Edwards-Walker, despite her plea to remain a responsible trustee, has by her conduct placed herself in an untenable position. Her maladministration of the trust’s finances cannot be justified. The payment of her wedding and that of Mr Walker from trust funds was inap...

2. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...cross-examination7 that in having that conversation he gave Ms S legal advice, but continued to maintain that Ms S was not a client. Mr Horsley arranged for the Tokoroa charges Ms S faced to be transferred to the Tauranga Court on the basis of intimated guilty pleas. Mr Horsley then appeared with Ms S in Court on 7 July, 14 July and sentencing on 28 July when Ms S was disqualified from driving for 6 months and fined $870.00 [14] Subsequently and up until 12 August 2010 Mr Horsley a...

3. [2007] NZEmpC CRC19/07 Abernethy v Dynea NZ Ltd [pdf, 79 KB]

   ...problem with the Employment Relations Authority. This alleged unjustified disadvantage and unjustified dismissal and sought interim reinstatement to his former role of senior technician with the defendant. Dynea’s defence to that grievance pleaded only accord and satisfaction based on the outcome of the earlier settlement negotiations. This was effectively a protest to the jurisdiction of the Authority. There was no plea to the substance of the grievance. [4] The Authority...

4. JD v RU LCRO 55 / 2011 (22 March 2012) [pdf, 130 KB]

   ...reference to [JD]’s past career.” 8 The statement of Mr JD’s partner (Ms M) [41] Mr JD’s partner describes the effect of Mr AS’s offending as “devastating” for Mr JD and that the matter was made worse by Mr AS’s not guilty plea, which meant that the victim was put through the ordeal of a trial and cross examination. [42] Her evidence with regard to the “name calling” incident is as follows;- “At one point, [JE] came up to us at the Court and said Mr [RU]...

5. Richard Mayer v Complaints Assessment Committee 304 [2017] NZREADT 44 [pdf, 236 KB]

   ...File’s affidavit was served on Mr Mayer’s solicitor, Mr Bell, on 27 August. 2 We note that Mr Marriott sent Mr Mayer two emails, dated 23 September, in which he asked Mr Mayer “to accept my plea to stop this action” against Mr File, and 29 September, in which he said “I implore you to withdraw your complaint against” Mr File. [11] On 20 September, Mr Mayer made a complaint to Bayleys, that Mr File had involved him...

6. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...without an agency agreement in place. While the Tribunal has on many occasions refrained from ordering suspension in cases where it would otherwise have been appropriate, when a licensee expresses an early acknowledgment of wrongdoing, or enters a plea of guilty to charges, that option is not open to the Tribunal in this case. [47] We have concluded that an order for suspension must be made in this case, in order to address the totality of Ms Tafilipepe’s offending, and to achieve...

7. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...comply with a notice to fix; undertaking earthworks in a manner that contravened the District Plan; and permitting a contravention of an Abatement Notice. In the District Court at Auckland, Judge Harland heard the matter and, following his guilty pleas, imposed total fines on Mr Sanora of $67,050. Mr Sanora took that sentence on appeal to the High Court where it was heard by Gault J and, in a decision given on 8 October 2019, for the reasons that he gave, that Judge reduced the tota...

8. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

   ...Agency. Having been made aware that $1 million had been transferred out of the trust account, there were no grounds on which he could reasonably have relied on the Agency’s administrative staff. [56] We have taken Mr Voordouw’s guilty plea on the charge relating to the trust account reconciliations into account, and have concluded that the starting point for the fine in respect of Mr Voordouw must be $8,000. [57] In respect of Mr Mason, we consider the fine in respect of...

9. [2019] NZREADT 48 - Thomson v CAC520 & Foote (7 November 2019) [pdf, 183 KB]

   ...authorities as to trespass and implied licence and submitted that the Committee was not wrong in concluding that no trespass had been proved on the facts. 3 Ellis v Loftus Iron Co (1874) LR CP 10 (Comm Pleas) at 12. [31] Ms Wang further submitted that in the event that the Tribunal were to conclude that Mr Foote did trespass on the property, it is necessary to consider whether that constituted unsatisfactory conduct. She sub...

10. AODT Operational Policy - DELETE [pdf, 271 KB]

    ...the actual cost of services, whichever is lower. This will ensure any repayment amounts do not exceed the average cost of a standard district court PAL1 criminal matter. If the participant exits the AODT programme early and withdraws their guilty plea, then costs incurred after exiting the AODT court will not be considered within the partial write off review and additional costs will be incurred. Rostering policy Only duty lawyers with a Criminal PAL1 approval who have applied to jo...