Search Results

1. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 32 [pdf, 119 KB]

   ...had started receiving income for legal work and completing associated false declarations shortly after she had been disciplined by the Tribunal in February 2012 for overcharging for legal aid work, and subsequently while that decision was under appeal. [6] Mr Davey, for the Standards Committee, while acknowledging that no clients appear to have been harmed by the practitioner’s actions, submitted that the conduct was still at “the most serious end of the spectrum” as found by...

2. 2021-07-05 MFE- Closing Submissions [pdf, 551 KB]

   ...relief sought. 14.3 The Minister (as well as the local authority and Attorney-General) have greater flexibility in terms of the scope of their submissions. Section 274(4A) limits the evidence which may be called to within the scope of the appeal, inquiry or other proceeding. Most s 274 parties face a further restriction in s 274(4B) and may only call evidence on matters arising out of the person’s submissions. But the joinder status of the Minister is not subject to s 274(4B)...

3. Kiriona v Groot - Kawerau A Section 13 and others (2022) 273 Waiariki MB 182 (273 WAR 182) [pdf, 245 KB]

   ...a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [25] In Clarke v Karaitiana, the Court of Appeal confirmed that the Māori Land Court has wide supervisory and enforcement powers under s 238:10 ... Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court ha...

4. Broughton - Succession to Priripi Tiarawhiti Totorewa [2020] Chief Judge's MB 63 (2020 CJ 63) [pdf, 64 KB]

   ...judge, Judge Spencer. The latter heard evidence from several witnesses that indicate that Uruanewa Aterea Toki was accepted by the extended Totorewa whanau as a child of Piripi Tairawhiti Totorewa. The Deputy Chief Judge's decision was not appealed. I am bound by that determination as no new evidence has been tendered that would wan-ant displacing these findings of fact. Kupu whakataunga - Decision/Orders [13] Having regard to the above, I will exercise my jurisdiction...

5. [2022] NZEmpC 54 Courage v Attorney-General [pdf, 226 KB]

   ...approach to balancing the matters to be considered under 7 Rule 11(8). 8 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]; Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. 9 See the discussion in Schenker AG v Commerce Commission [2013] NZCA 114, (2013) 22 PRNZ 286; referred to in Crimson Consulting Ltd v Berry [2018] NZCA 460, [2019] NZAR 30 at [32]. Se...

6. Nepata v Karaitiana - Runanga 2D (2023) 299 Waiariki MB 8 (299 WAR 8) [pdf, 250 KB]

   ...trustees repeatedly refuses or fails to act as a trustee or whether the trustee is no longer suitable to hold office because of their conduct or circumstances. 7 Henderson v Brooking – Wharekahika A47 (2023) Māori Appellate Court MB 17 (2023 APPEAL 17) at [28] 8 Henderson v Brooking – Wharekahika A47 (2023) Māori Appellate Court MB 17 (2023 APPEAL 17) at [34]. 299 Waiariki MB 15 Kupu whakatau Decision [23] Part of the role of being a trustee is to work with the...

7. 20230621-Regulatory-Systems-Primary-Industries-Amendment-Bill.pdf [pdf, 208 KB]

   ...the subpart of the Bill of Rights Act entitled “life and security of the person”, and the other sections in that subpart all deal with interferences with bodily integrity.1 While it has not received detailed judicial consideration, the Court of Appeal in Lyall v Solicitor-General appears to have proceeded on the assumption that section 9 was applicable to property for forfeiture.2 On this basis, this section could arguably apply to financial penalties. 13. In the event that a fine c...

8. 2024-07-18-Updated-Notice-of-Hearing-MEP-Coastal.pdf [pdf, 262 KB]

   ...pMEP: Topic 10.16 Coastal Occupancy Charges ENV-2024-324-000002 The New Zealand King Salmon Company Limited v Marlborough District Council Marine Farming Association Incorporated & Aquaculture New Zealand v Marlborough District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule...

9. [2024] NZIACDT 28 - EM v Ma (4 December 2024) [pdf, 214 KB]

   ...The option of censure is available to the Tribunal. [14] The Tribunal has previously directed Ms Ma to complete the LAWS 7015 professional practice paper at Toi Ohomai Institute of Technology. The Tribunal’s sanctions decision is subject to appeal, though the training order is not a sanction opposed by Ms Ma. This course would be appropriate in relation to the current matter. [15] The Tribunal has now found Ms Ma to have cumulatively committed 15 breaches of the professional...

10. Kelly - Succession to Mai Hoani [2025] Chief Judge's MB 118 (2025 CJ 118) [pdf, 530 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [10] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...