Search Results

1. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...the strike out application. Mr Calver submits that taking into account ss 222, 237 and 240 of the Act, and in light of the principles, the trustees have failed in their fiduciary duties and in their duty to exercise their discretionary powers carefully, properly and reasonably. The trustees, he argues, have failed to carry out their duties satisfactorily in a number of respects, as detailed in Mr Karena’s affidavit. In particular, the trustees have done virtually nothing to mai

2. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...[50] The costs and fines were not unreasonable. [51] Without evidence of Mr DY’s financial position, his request for a reduction cannot be advanced. Summary [52] Having considered all the materials available on review, including Mr GP’s careful presentation at the review hearing on Mr DY’s behalf, there is no good reason to reverse or modify the Committee’s decision. That is confirmed. 12 Costs [53] I have considered ordering Mr DY to pay costs on review pursuan...

3. LCRO 299/2013 DT v GB (23 May 2017) [pdf, 212 KB]

   ...without which the borrowing could not have proceeded. Mrs GB is correct. [18] The actions (or inactions) of a trustee are subject to the scrutiny and supervision of the High Court. In a number of decisions by this Office the LCRO has been careful to ensure that the complaints procedure provided for in the Lawyers and Conveyancers Act 2006 (the Act) is not used as a substitute for Court proceedings.15 For that reason, this decision does not address allegations made by Mrs GB that...

4. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...informed consent to the lawyer continuing to act for the client and no duties to the consenting clients have been or will be breached. [41] Overarching the rules considered by the Committee, is r 6 itself, which emphasises a lawyer’s obligation to protect the interests of his or her client, to the exclusion of the interest of third parties. [42] In acting for two parties on the same matter, even if the matter is, as was appears to be the case here a seemingly straightforward conve...

5. GZ v Lu [2019] NZIACDT 15 (15 March 2019) [pdf, 146 KB]

   ...the complainant and by assisting her to respond to Immigration New Zealand’s letter. These mistakes were isolated and not part of a wider provision of immigration advice to the complainant or other clients. The Headsun staff had now reflected carefully on what had happened. [30] Counsel stated that Mr Lu now acknowledged that on one occasion he did check and make minor grammatical suggestions to the contents of the complainant’s 7 proposed letter in response to Immigratio...

6. ASC annual report 2019 [pdf, 1.2 MB]

   ...considerations the ASC felt important when making changes to abortion legislation. The ALC will report back to the House by 8 February 2020. The ASC is working closely with Ministry of Justice and Ministry of Health officials to assist with healthcare delivery planning and new legislation. CERTIFYING CONSULTANTS & OPERATING DOCTORS The ASC has received a higher number of applications to be appointed as a certifying consultant from doctors all over New Zealand. The ASC is encou...

7. LCDT Annual Report 2023 [pdf, 471 KB]

   ...height of the Covid 19 pandemic, but are planned to resume later this year. New members are inducted by the chairperson, with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the com...

8. RIA Terrorism Suppression Act part 1 [pdf, 949 KB]

   ...Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? The Government’s overall goal is to prevent terrorism and protect the safety of New Zealanders. In March 2019, there were mass shootings at two mosques in Christchurch. The risk of successful terrorist attacks presents a threat to peoples’ lives and wellbeing (public safety). Earlier intervention...

9. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   ...AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 79 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14(1) of the First Schedule of the Act in relation to the Dunedin City District Plan BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2018-CHC-287) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner C Wilkinson Environment Commissioner M Mabin Hearing...

10. Joanne Barbara Noble - Evidence in Chief [pdf, 3.2 MB]

    ...decision-making on resource consents (and plan changes) in relation to land in the coastal environment and the coastal marine area, and include the natural heritage (NH) and iwi resource management (IW) policies. In general these policies relate to the protection of matters of national importance identified under s6 of the Act, and management of risks from coastal hazards. 22. Part Four contains activity based policies and rules that reflect the restrictions on use of the coastal ma...