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1. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...indicates a lack of candour that may be significant 9 when considering the fitness of a practitioner to remain in the legal profession.” [13] Mr Clancy also made reference to Bolton v the Law Society [1994] 2 ALL ER 486 where the Court of Appeal said: “Any solicitor who is shown to have discharged his professional duties with anything less than complete integrity, probity and trustworthiness must expect severe sanctions to be imposed upon him by the Solicitor’s Discipl...

2. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...considers it cannot take the matter further. The LCRO has looked at the matter and has made a finding. Accordingly, Ms LS is now in the same position as if the matter had been the subject of specific consideration at the Committee level and then appealed the decision to the LCRO. Review [15] A review hearing was held in [city] on 13 November 2014. Mrs LS was represented by Mr QO and Mr TD by Mr JW. 4 Above n 2 at [8]. 5 Above n...

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

   ...I do not propose to repeat those principles again in this judgment. 3 2019 Chief Judge’s MB 420-445 4 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 992 Issues [15] The issues to determine in this case are: (a) Whether Mr Phillip Phillips had the competency to sign the Deed of Family Arrangement (between November 2008 and February 2009) given hi...

4. CAC10063 v Raj [2013] NZREADT 52 [pdf, 56 KB]

   ...Porlares, and $65,000 to Mr Dalangin, all to be paid to those persons 11 respectively by the defendant within two months of the date of this decision. [54] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member _____________________________...

5. [2022] NZEmpC 62 Craighead Diocesan School Board of Proprietors v Thompson [pdf, 250 KB]

   ...There is nothing to suggest in principle this approach should not apply in circumstances where an employee is also clearly paid by the day (a daily rate). (footnotes omitted) [18] That paragraph was followed by a comment arising from the Court of Appeal’s decision in Idea Services Ltd v Dickson, about a rigid demarcation not being intended within cl 4 of the relevant minimum wage orders, and this passage:19 As I am not convinced on the material before the Authority that [Mrs]...

6. Bartlett - Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) [pdf, 354 KB]

   ...limiting subsection (2),— (a) a partition of land shall be deemed to be a subdivision of land within the meaning of section 218 of the Resource Management Act 1991; and (b) sections 120 and 121 of the Resource Management Act 1991 (relating to appeals to the Environment Court) shall apply to any decision of a territorial authority in relation to any application for a subdivision consent that is required by this section. [27] In Rolleston – Parish of Te Puna 154D5B2, where the app...

7. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...Jarman’s licence be cancelled and she is fined $7,500 to be paid to the Registrar of the Authority at Wellington within three calendar months of this decision. [59] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member _________________________...

8. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...Māori Land Court must take is first to consider the number of owners both on a head count and shareholding basis who 6 Smith v Courtney – Ohuirua No 2 [2011] Māori Appellate Court MB 284 (2011 APPEAL 284). 7 Cumming – Omaio 8 and Omaio 45 (2009) 12 Waiariki Appellate MB 299 (12 AP 299). 50 Tairawhiti MB 208 indicate their support or otherwise for the application. That support or opposition must then be weighed havin...

9. Director of Human Rights Proceedings v Sensible Sentencing Group Trust [2014] NZHRRT 21 [pdf, 78 KB]

   ...argument at the second hearing. [26.10] The need to recall some witnesses at the second hearing. [26.11] The duplication of time involved in the Court and counsel “coming up to speed” again for the second hearing. [26.12] The prospect of multiple appeals. [26.13] The need for a second round of discovery or other interlocutories and amended pleadings following the first trial. 9 [26.14] Rostering difficulties in ensuring that the same Judge is available for the second hear...

10. [2013] NZEmpC 155 Clark v Idea Services Ltd [pdf, 270 KB]

    ...(Heard at Invercargill) Appearances: Damien Pine and Jessie Lee Parker, counsel for plaintiff Paul McBride, counsel for defendant Judgment: 16 August 2013 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] William (Nobby) Clark appeals by challenge (hearing de novo) against the determination of the Employment Relations Authority dated 7 May 2010 1 that he was dismissed unjustifiably as the Southland/Gore Area Manager of Idea Services Limited (ISL), a subsidiary of t...