Search Results

1. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...his review application, however, as the time frame engaged by his application traverses in part a time of most uncommon circumstances, being the time during which New Zealand was subject to lockdown as a consequence of the COVID-19 crisis, a more careful assessment as to whether Mr FT’s application is able to proceed is required. [11] The need for a more attentive consideration is rendered more critical, as a consequence of Parliament’s recent passing of an amendment to the Epidem...

2. Best v CAC 406 & Ellis [2016] NZREADT 34 [pdf, 148 KB]

   ...decisions about the orders. [19] Mr Best sought to have the Tribunal reconsider the impact of the offending on him. He requested that his fees be waived and his legal expenses be paid. [20] The penalties open to the Tribunal for breach of the Client Care rules are those prescribed in s.93 Real Estate Agents Act and are in summary (and as relevant). 7 (a) Censuring the licensee; (b) Implementing an agreed settlement; (c) Ordering the licensee to apologise; (d)...

3. WC v AU LCRO 218 / 2012 (6 June 2013) [pdf, 94 KB]

   ...decision on the basis that at all times he was of the view that Mrs AV’s application for him to be reassigned as counsel would be 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 5 Above n 4. 4 successful and he is somewhat perplexed as to why it was not. Furthermore, Mr WC believed that if he had not filed the e-bail application, Mrs AV would have been significantly disadvantaged by the del...

4. LCRO 263/2015 DH v EI (12 May 2017) [pdf, 124 KB]

   ...2013. In the Order, Gendall J directed that Mrs EI was “to receive the full balance of sale proceeds 2 from the sale” of a particular property. For her part Mrs EI agreed to remove a caveat over that property which had been lodged to protect her interests. [4] Mr DH acted for Mr FJ on the sale1 and deducted legal fees and disbursements incurred by Mr FJ relating to various matters totalling $11,760 rather than conveyancing costs of $1,612.50 directly associated with the sa...

5. [2018] NZEnvC 145 Federated Farmers of New Zealand Limited v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...proposes 10 exclude? (3) If the answer to any of (2) is 'yes' , Ihen did the appellant refer 10 that provision or matter in Iheir submission (bearing in mind this can be a primary submission or a cross submission). [9) On the basis of its careful review of case law, Re Vivid Holdings also interpreted cl14 to require that any decision sought of the court on a proposed plan appeal (or 'reference') must be 'fairly and reasonably' within the general scope of...

6. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...Committee 1903 charged Mr Schroder with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008, alleging that his conduct constituted a wilful or reckless contravention of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [2] In his response to the charge, dated 12 November 2019, Mr Schroder admitted the charge. Facts [3] An agreed Summary of Facts was filed on 31 January 2020. [4] Mr Schroder was a licensed salesperson, engaged...

7. ENVC Hearing 6Oct14 DM legal submissions [pdf, 211 KB]

   ...over 30 years the community have actively engaged in restoring the natural character of the Bay through extensive planting, and the gifting of foreshore reserves. 1.3 Matiatia is also highly valued by mana whenua and other Maori who have taken care of it for generations. It is a rich cultural landscape, evident from its extensive pre and post contact archaeological sites and the enduring oral histories of its past still known to mana whenua to this day. The presence in the Bay o...

8. Ngā Mātāpono – The Principles: The Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on the Crown’s Treaty Principles Bill and Treaty Clause Review Policies [pdf, 6.4 MB]

   ...good government . . . . . . . . . . . . . . . . . . . . 73 3.4.3 Te mātāpono o te houruatanga The principle of partnership and reciprocity . . . . . . . . . . . . . . . . . 74 3.4.4 Te mātāpono o te matapopore moroki The principle of active protection . . . . . . . . . . . . . . . . . . . . . . . 77 3.4.5 Te mātāpono o te mana taurite The principle of equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 3.4.6 Te mātāpono o te whakatika...

9. Proactive release – Remuneration Authority Legislation Bill [pdf, 1.7 MB]

   ...Chairperson and Deputy Chairpersons of the Human Rights Review Tribunal; and 2 I N C O N F I D E N C E 75gtrikf9o 2021-10-04 12:17:40 Proa cti ve ly Rele as ed I N C O N F I D E N C E 10.4 Deputy Chairpersons and Members of the Immigration and Protection Tribunal.2 [APH-19-MIN-0294; CAB 19-MIN-0657 refers] Analysis 11 I consider the same principle of requiring greater independence from Government now applies to Disputes Tribunal Referees and Tenancy Tribunal Adjudicators....

10. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [pdf, 272 KB]

    ...delivered on 19 July 2022 (COMPANY C et ors v LVT et ors [XXXX] NZHC XXXX). I discuss this judgment further in my decision. 4 [23] Mr FK identified the following breaches by Mr TZ of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules): (a) Rule 2.1: duty as an officer of the court; (b) rule 10: failure to treat other lawyers with respect and courtesy; (c) rule 12: failed to conduct the dealings with integrity, respect and courtesy; (d...