Search Results

1. Expression-of-Interest-High-Court-Judge-2024 [pdf, 328 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

2. OIA-111774.pdf [pdf, 593 KB]

   ...of, for example, education and to represent New Zealand internationally in judicial forums. Table 1 - travel expenses by financial year Jurisdiction and category 2021/22 2022/23 2023/24 (to 31 May 2024) Senior courts (Supreme Court, Court of Appeal and High Court) - judges, acting judges and associate judges - Accommodation and other $204,204 $353,685 $479,760 allowances - Additional allowance for air travel $63,333 $71,576 $55,436 (up to 5,360 km per financial year) - Judges&...

3. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...a duty of loyalty to act in the best interests of the beneficiaries. Trustees must not place themselves in a position where their duty and interest conflict. 3 Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). 278 Taitokerau MB 86 Under the “self-dealing” rule, if a trustee sells trust property to themselves the sale is voidable as of right at the election of an affected beneficiary, no matter how fair the transaction. The...

4. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...Industrial Gases Ltd v Andersons Ltd [1970] NZLR 58 it has been accepted that if the application is to be successful, the applicant must commence by proving the three factors listed. [17] In Commerce Commission v Giltrap City Ltd, the Court of Appeal also addressed the need to stand back by considering whether the overall interests of justice would allow the case to proceed.5 [18] The issues of whether there is inordinate delay and whether that delay is inexcusable depend upon t...

5. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...justice and the general principle that a successful litigant should be entitled to receive the fruits of its success. I accept that Ms Wang would suffer some adverse 9 Although dealing with an application to for an extension of time to file an appeal, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]. impact i...

6. Henderson v Henderson - Pakowhai 5B2 (2024) 109 Tākitimu MB 54 (109 TKT 54) [pdf, 292 KB]

   ...being unsuitable to hold office.” This approach is consistent with how examples in legislation are to be interpreted, per s 23 of the Legislation Act 2019. 1 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). (d) If one or more of the grounds in s 240(1)(b) are met, the Court must then assess what is desirable for the proper execution of the trust. What is “desirable” does not mean what is necessary, and whether removal...

7. [2024] NZREADT 39 – Chen v REAA (22 October 2024) [pdf, 183 KB]

   ...the CPD requirements by the deadline. OUTCOME [31] The application is dismissed and the Registrar’s decision is confirmed. [32] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. __________________ D J Plunkett Chair ___________________ G J Denley Member ___________________ P N O’Connor Member 6 Real Estate Agents Act 2008, s 154. 7 Section 37(1)(d). Int...

8. LCRO 12/2014 EE v Standards Committee (31 May 2018) [pdf, 259 KB]

   ...Scope of Review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

9. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...

10. LCRO 246/2016 AS v NL (25 June 2019) [pdf, 170 KB]

    ...scope of review [40] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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. 12 Lawyers and Conveyancers Act, s 206(2A). 13 Deliu v Hong [2012]...