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1. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...Appellate Court MB 110 (2019 APPEAL 110) 223 Waiariki MB 189 Discussion [34] It is trite law that the paramount duty of trustees is to obey their terms of trust and adhere to trust duties at all times. They equally have crucial duties of protecting the assets of the trust and acting prudently when investing trust funds: 9 ...Breaches of trust are of many different kinds. A breach of trust may be deliberate or inadvertent; it may consist of an actual misappropriation or...

2. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...of skill and experience considered average in the High Court”6 with a time allowance in band B (where “a normal amount of time is considered reasonable”).7 He submitted that the proceeding was very important for Mr Cavanagh, and required careful and thorough analysis of the law, marshalling of relevant evidence from witnesses and preparing detailed submissions. Mr Judd set out a schedule of costs, leading to a claim 5 Section 110A of the Act was inserted, as from 14 Nove...

3. [2025] NZIACDT 31 – LY x Jiang (16 June 2025) [pdf, 240 KB]

   ...8. Failed to have proper file management. [19] In mitigation, Mr Jiang pointed out: 1. There was no financial loss or adverse immigration outcome. The outcome would have been similar if the misconduct had not happened. 2. His breaches were careless, not deliberate. 3. His misconduct was technical and administrative, in that there was no dishonesty or negligence. 4. He responded to the Authority’s enquiries with the utmost good faith and admitted misconduct. 5. This was the...

4. [2025] NZIACDT 32 - CM v Jiang (16 June 2025) [pdf, 239 KB]

   ...8. Failed to have proper file management. [19] In mitigation, Mr Jiang pointed out: 1. There was no financial loss or adverse immigration outcome. The outcome would have been similar if the misconduct had not happened. 2. His breaches were careless, not deliberate. 3. His misconduct was technical and administrative, in that there was no dishonesty or negligence. 4. He responded to the Authority’s enquiries with the utmost good faith and admitted misconduct. 5. This was the...

5. Fitzgerald & Anor v REAA CAC 20007 & Anor [2014] NZREADT 43 [pdf, 32 KB]

   ...reach the decision that Ms Fitzgerald had breached her obligations. They say that the Tribunal’s decision in Rae was a binding decision for the Complaints Assessment Committee. Further Mr Clancy submits that the Real Estate Agents Act is consumer protection legislation and that all agents should make an effort 3 to ensure that the product they are selling is accurately described. He submits that Ms Fitzgerald (and Barfoot & Thompson) should have taken steps to ensure t...

6. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...to consider the meaning of vexatious and concluded that “in a legal context the word ‘vexatious’ has come to mean ‘not having sufficient grounds’”. In that case his honour was considering whether a certain application in respect of care and protection proceedings in relation to a child should be struck out as “frivolous or vexatious or an abuse of the procedure of the Court”. His honour also observed that a high threshold must be reached before making such a 3 fi...

7. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

8. BORA Judicial Matters Bill [pdf, 309 KB]

   ...removal in order to provide relevant information to Parliament or the Attorney-General when considering such questions. When necessary, this process is to be carried out by the Judicial Conduct Panel. • Provide for all Judges to be accorded the same protection of absolute personal immunity from suit as Court of Appeal and High Court Judges. • Provide for the Attorney-General, with the agreement of the relevant Chief or Principal Judge, to allow Judges to sit on a part-time basis....

9. Notes from Crown Maori Relations hui Palmerston North 21 May 2018 [pdf, 409 KB]

   ...the use of the term ‘Māori’ in Crown/Māori Relationships generalises Māori, ignores culture differences and dilutes the unique relationships that iwi have with the Crown providing sovereignty. Many speakers noted that the Crown needs to carefully consider if the relationship is with Māori or iwi. Some speakers also suggested that the relationship should be focused on mana whenua to address regional priorities and needs. The mana whenua relationship provides a community led...

10. Notes of Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

    ...the government’s agenda. • Support for Māori – Some hui participants suggested the Crown consider what support it can provide to marae. One speaker suggested the government could consider supporting insurance for Marae to assist people to protect their turangawaewae (and further noted that insurance is expensive). The Crown should assist Māori to move forward to develop own resources. • Te Reo – The Crown should protect te reo and encourage its use by public servants and...