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Environment Court of New Zealand Annual Review Calendar Year 2015 By Members of the Court Environment Court of New Zealand Annual Review 2015 2 PUBLISHED MAY 2016 CONCERNING CALENDAR YEAR 2015 In this review Calendar year 2015: an overview by Principal Environment Judge ........................................ 4 Profile of the Court ........................................................................................................
...attempts to have the lands returned to the Trust. The Trust he said was eventually put into liquidation following action taken by PKW to recover rental arrears. Tongawhiti Manuirirangi also made submissions in support underscoring in an impassioned plea that the requests of now deceased owners and kaumātua had inspired him and those supporting the applicant to leave no stone unturned in their quest to have the subject lands restored to the authority of the hapū. [15] The applica...
...COUNSEL Ms J MacGibbon for the prosecution Mr T D Rea for the defendant DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] Ms Sangeeta Daji (“the licensee”) was initially charged with misconduct. Prior to the charges hearing, she pleaded guilty to unsatisfactory conduct under s.72(b) of the Real Estate Agents Act 2008 (“the Act”) in that she breached s.6(1) of the Act in acting as a salesperson when she was not licensed. However, the Committee did not accept that thi...
...Introduction [1] Mr MN QC has applied for review of the determination by the [XX] Standards Committee (the Committee) that a bill of costs which included a trial cancellation fee of $120,000 (the trial had been vacated due to Mr MN’s client pleading guilty to charges) constituted unsatisfactory conduct pursuant to s12(b) of the Lawyers and Conveyancers Act 2006 (the Act). Background [2] Mr MN was instructed by [Law Firm A] to act for Mr HT in defending charges laid against hi...
...assertion, and I therefore disregard it. [30] Mr BG says he found Mr TC “the most awkward person to try and reason with”, and that he refused to accept his instructions that he did not commit the offences alleged, advising him to enter guilty pleas to three charges on the basis that the Police might discontinue others. He repeats his view that Mr TC is not a fit and proper person to be a lawyer, and if he had been able to choose (rather than allocated a lawyer by Legal Aid),...
...failure to genuinely consult with water users over PC7 ThP. fan 7 t.on~ult~tion where riw· ~peaking time on the<;e important m,~tler:; before th~ u1urt •· - ·• ····---wa<:- halved from r3 merf' 10 minutes to S mi1nites Allow me please to quote a sentence from the former chair of the 0RC Marian Hobbs to me Quote "You will have a chance to put in a submission once the plan has been notified, and we will adhere to the times advised t o you ... ... . The plan wil...
...letter of apology to the vendors); [f] Mr Singh’s offending occurred when he had been a licensed salesperson for just over one year, he had an otherwise unblemished record, he had co- operated with the investigation and entered an early guilty plea, and he had received in-house training on disclosure requirements. [26] Mr Barrowclough submitted that the appropriate penalty would be an order for censure, a fine of $6,000, and an order to complete further training. Discussio...
...C Paterson for the Standards Committee Mr H Laubscher for the Practitioner 2 ORAL DECISION ON PENALTY [1] The Tribunal has been considering appropriate penalty and consequential orders following from Mr Yoo’s guilty plea to a charge, which has been amended by the Standards Committee to one of negligence. The charge will be appended to this decision as Appendix 1. [2] It relates to the manner in which Mr Yoo has managed his trust account and there are...
...Wairata Te Oneone, in person Mr L Hemi for Whakatōhea Māori Trust Board Date: 9 September 2019 JUDGMENT OF JUDGE L R HARVEY [1] This application for a judicial conference was last heard on 26 July 2019 at Ōpōtiki.1 The grounds pleaded were: As per the previous hearing, the owners accepted without prejudice, the resignation of the Whakatohea Māori Trust Board (WMTB) on the basis time was necessary to undertake due diligence. Upon completion of the due diligence,...
...disgraceful conduct, it could find Ms Bond guilty of misconduct under s 73(b) of the 2008 Act (seriously incompetent or seriously negligent real estate agency work). [2] In a joint memorandum filed in the Tribunal on 21 November 2019, Ms Bond pleaded guilty to disgraceful conduct or seriously negligent conduct in the alternative. [3] The Tribunal is required to determine whether Ms Bond is guilty of misconduct under s 73(a) or s 73(b) of the 2008 Act, and to determine what penalty s...