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1. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...use for your whānau trust. The actual content of the trust order may differ depending on your circumstances and you may customise this example to best fit any terms of trust you have set for your trust. 2. You should read through each clause carefully and alter, amend or delete where appropriate to suit your circumstances. 3. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor as...

2. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...provided verbal feedback.2 [34] As for Mr Zhao’s completion of the draft application form, Mr Parker said he (Mr Zhao) merely recorded the complainant’s answers to the questions put to him. [35] It had always been Mr Parker’s intention to carefully review the plan and discuss the application with the complainant prior to filing it. They were close to finalising it at the time their engagement ended. [36] Mr Parker advised that Swiftvisa no longer offered the service of prep...

3. Mr-Rasheeds-Submissions-of-37-Families.pdf [pdf, 619 KB]

   ...must comply with and against which any decisions made by the Coroner would fall to be assessed (regardless of whether the Coroner carries out a separate determination of compliance with human rights issues). 6. Further, s 8 incorporates a “protective obligation” – in the sense that it imposes duties on the state when it is in a position of knowledge of potential risk to a person and fails to take steps to avert that risk.5 That, too, bears upon a coronial inquiry in the sense...

4. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...overcharged, and misrepresented himself as a principal rather than an employee. In addition, that he failed to establish a client relationship in accordance with the Code which governs his profession. [2] The Adviser said he acted ethically and properly to protect his clients in a situation where his employer was failing financially. He accepted he may have made errors in establishing the client relationship but they were not more than oversights. Issues [3] The Tribunal must assess...

5. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

   ...aspects of our society and economy. You are responsible for more than 50 regulatory systems and more than 150 Acts. The Ministry of Justice administers more legislation than any other government department; the only agency with a comparable span of care (Ministry of Business, Innovation and Employment) has 17 regulatory systems incorporating 121 statutes. We support a significant proportion of Bills passing through the House, including periodic Statutes Amendment Bills that we co...

6. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...Can directions be issued to bind a representative? [69] For the purposes of the present proceeding, it is also necessary to consider whether directions can be issued to bind a representative, as well as a party. [70] Parliament has taken some care in defining when a person may be represented, and by whom. Section 236 provides that where an employee has the right to do or take any action in the Authority, that employee may choose any other person to represent him or her for the pu...

7. [2023] NZEnvC 192 Sieling v Thames-Coromandel District Council [pdf, 1.4 MB]

   ...‘Future Development’ area of the structure plan as shown in Diagram A; (viii) Establish a pedestrian access from the Tarapatiki Residential Area along with a cycle way to connect with State Highway 25. (b) Existing indigenous vegetation shall be protected or enhanced to ensure: (i) Stewardship over the protection, ongoing enhancement and management of areas with indigenous vegetation; (ii) Retirement and legal protection of 'Conservation' areas identified within Diagr...

8. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   ...advised ZYR and ZYQ of that. [38] There has been no evidence given that the argument of ABN Ltd was not correct. [39] Therefore, I find that there has been no breach by ABN Ltd of the guarantee that the service will be provided with reasonable care and skill (s 28, Consumer Guarantees Act 1993). [40] I also find that there has been no breach by ABN Ltd of s 29 of the Consumer Guarantees Act 1993, which states that the product of a service provided should be fit for its i...

9. MLC - 2014 March - Urupā reservations [pdf, 411 KB]

   ...Questions may arise as to whether spouses, civil union partners, de facto partners or whāngai are also eligible to be buried in an urupā when they may have no affiliation to the hapū associated with the land. These are matters which need to be carefully considered by owners when creating an urupā reservation. Māori Land Court | Judge’s Corner Judge S Te A Milroy The advantages of constituting an urupā reservation The main advantage of setting aside an urupā as a reser...

10. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

    ...is understandable that the issues addressed by the Committee may not have been explicitly raised by Mr GC as he would not necessarily have been aware of the specific requirements of the Lawyers and Conveyancers Act 2006, the Conduct and Client Care Rules,19 the Trust Account Regulations,20 and any other legislation, rules or regulations with which lawyers must comply. However, all of the issues referred to in [20] of the Standards Committee determination are implicit in Mr GC’s com...