Search Results

1. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...the Respondent and resolved pursuant to s138(2) of the Lawyers and Conveyancers Act 2006 to take no further action on the complaint. Application for review [21] In his letter accompanying the application for review, the Applicant sought an “appeal” of the Standards Committee decision. [22] He identified in a somewhat more definitive manner the nature of his complaint. 1. That the Respondent acted for the Applicant and Ms YL in a transaction where the Respondent was also ac...

2. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...provides that an order for compensation may be made where it appears that any person has suffered loss by reason of any act or omission of a lawyer. This issue therefore is whether general damages represent compensation for loss or not. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. One commentator has noted “it is now more widely accepted that, where sig...

3. LCRO 57/2017 SD v WP [pdf, 182 KB]

   ...scope of review [27] 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 tha...

4. Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46) [pdf, 121 KB]

   ...August 2014 and the three remaining trustees. In 2009 Karaka Wiki challenged the appointment of trustees and applied to the Court for a rehearing. On 19 November 2009 I granted the rehearing. Stephen Henare, one of the four former trustees, appealed that decision. On 9 January 2012 the Māori Appellate Court granted his appeal. [17] The effect of the Māori Appellate Court granting the appeal is that from mid-2012 (when the stay of the order appointing the seven trustees was d...

5. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...who had worked at MBL Limited, and whose visa recently expired. In addition, an internet search would disclose Client B’s identity. Jurisdiction [10] Initially the Registrar did not forward this complaint to the Tribunal; however, Mr MBL appealed successfully against that decision. [11] The basis for deciding the appeal was that the Tribunal should hear the case, as there were arguable grounds. The Tribunal noted no issues were finally determined, and this complaint is heard...

6. [2018] NZEmpC 74 Pitman v Advanced Personnel Services Ltd [pdf, 288 KB]

   ...of a successful litigant to have the benefits of the judgment being challenged and preserving the position in case that challenge succeeds. [18] The factors considered in Pais were:28 (a) if no stay is granted, whether the applicant’s right of appeal will be ineffectual; (b) whether the appeal is brought and prosecuted for good reasons, in good faith; (c) whether the successful party at first instance will be affected injuriously by a stay; (d) the effect on third parties;...

7. LCRO 171/2018 QZ v UJ (19 December 2018) [pdf, 169 KB]

   ...process of review under the Act:2 2 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 … 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 f...

8. LCRO 119/2018 QL v DW (22 October 2019) [pdf, 164 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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. [2022] NZEnvC 042 Wilson v Waikato Regional Council [pdf, 309 KB]

   WILSON v WRC – DECISION ON WITNESS SUMMONS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 42 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Sitting alone under s279(1) of the Act...

10. Taniora – Te Koutu Mourea Maori Reservation (2014) 91 Waiariki MB 173 (91 WAR 173) [pdf, 148 KB]

    ...the 1984 gazettal was based was made without knowledge of the s 440/53 order and was therefore flawed. He recommended that the reservation be partly cancelled and an area of 1 acre be excised from the Māori reservation. 4 [9] That decision was appealed by Erana Waiomio. The Māori Appellate Court overturned the decision of Judge Savage. It explained that the purpose of s 440 of the Māori Affairs Act 1953 was to enable the vesting of an interest in Māori land in a person to en...