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1. Property Ventures Limited v Parata - Ngarara West B3B (2006) 180 Aotea MB 15 (180 AOT 15) [pdf, 820 KB]

   ...ofstatus produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Maori land. If price were a valid argument the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. In any event as we have said, there was no hard evidence on the question in the Court below. [25] SiII1l1arly the fact that the appellant is the sole owner of the block cannot be a r...

2. LCRO 142/2016 TR v YV (28 November 2018) [pdf, 181 KB]

   ...that aid would not be available for that purpose. A reasonably competent solicitor would recognise immediately, that legal aid would and is available for someone such as Ms OP (solo mother reliant on a benefit) to issue proceedings under the Family Protection Act and the Law Reform (Testamentary Promises) Act. In this regard, Mr YV of course is not a lawyer able to accept instructions on legal aid, and should have then referred Ms OP to alternative counsel. 4. Had Mr YV done so, then...

3. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...complaint. 10 [60] Mr WF was not receiving documents on behalf of a client. He was receiving a decision detailing the outcome of a disciplinary inquiry that directly involved him as the subject of the complaint. [61] Consistent with the consumer protection objectives of the Act, the processes for conducting inquiry into complaints (including delivery of decisions) are intended to be “user friendly” and relatively informal. [62] Mr WF does not suggest that he did not recei...

4. Kake - Estate of Aldyth Kake (2020) 209 Taitokerau MB 134 (209 TTK 134) [pdf, 294 KB]

   ...paid and so Carrie paid it on Aldyth’s behalf. It appears she did this because of their close relationship with Aldyth. [33] Mr Shanahan further argued that at the time the will was signed, Aldyth was 101 years old, Ihaia and his wife were caring for her, and they had a close relationship. Mr Shanahan argues this has common features with the case in Wellington. [34] In Wellington, it was not just the testator’s age that was of concern. There it was argued that he had ill-...

5. [2023] NZEnvC 102 The Alpine Group Limited v Southland Regional Council [pdf, 8.1 MB]

   ...Under Section 104B of the Resource Management Act 1991, a resource consent is granted by the Southland Regional Council to The Alpine Group Limited & Stephen William Day of PO Box 218, Wanaka 9343 from 24 March 2022. Please read this Consent carefully, and ensure that any staff or contractors carrying out activities under this Consent on your behalf are aware of all the conditions of the Consent. Details of Permit Purpose for which permit is granted: To use a total of six moor...

6. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...Mr K Callinicos, Willis Legal, XXXX For Chief Executive of the Ministry of Social Development: Ms E Kirkman INTERIM DECISION Background [1] In certain circumstances, older persons are required to pay for their own long-term residential care; but, if they are not able to do so, funding is provided under the Social Security Act 1964 (the Act). In this case, the appellant is receiving care, and the dispute concerns whether her assets include the value of her former home. That...

7. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports [pdf, 148 KB]

   ...of the inquiries conducted. He asked whether the State party’s legislation prohibited acts of racial discrimination committed by moral or natural persons against other persons. 37. He commended the State party for its Bill of Rights Act, which protected human rights norms in domestic legislation. He would welcome an explanation of the term “ethnic heritage”, which formed part of the definition of ethnic communities in paragraph 66 of the periodic report. He failed to understan...

8. BW v DJ LCRO 9 / 2013 (20 September 2013) [pdf, 117 KB]

   ...the Agreement and relinquished her control over, and interest in, the company. While matters such as this could be argued before a Court, they deserve comment here because the professional risk DJ took was unnecessary. She could easily have protected herself, and her client, by requesting information from the bank. [33] DJ was working for a firm at the time. In addition to the usual legal research tools, she had access to her employer, and to other practitioners. She had time...

9. EA v FC LCRO 91 / 2011 (20 December 2013) [pdf, 135 KB]

   ...research led her to a [X] website, ZZU where she noted that Mr DP was advertising legal services. [6] Ms FC prepared a “Confidential Report” to the New Zealand Law Society, pursuant to Rules 2.8, 2.9 and 2.11 of the Rules of Conduct and Client Care (the Rules), 2 alleging lack of professionalism on the part of Mr DP. Her Report referred to his “unauthorised practice of law”, explaining that she had found Mr DP to be currently advertising himself on a local [X] website (s...

10. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

    ...reserved . For the Court: L J Newhook 20 Appendix A - 2006 consent conditions submitted to be retained 13. Safe and clear pedestrian access and thoroughfare shall be maintained on ell roads adjacent to the site at all times. 14. Temporary protection shall be Installed to prevent vehicles damaging drains, vehicle crossings and the road durmo the tlte preparation and construction phase of development. Any damage 10 the­ drains, vehicle crossings and the road attributable to an...