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1. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...of various defaults that had occurred, noting in particular the defaults that had occurred in a loan to Mr KP. In addition to the breaches of the Rules referred to, the Committee was satisfied that the practitioners had breached their duty of care to the contributors. [5] The Committee determined that the lawyers’ conduct constituted unsatisfactory conduct in terms of ss 12(a) and (c) of the Lawyers and Conveyancers Act 2006 (the Act) and having made this finding, the Committee...

2. LCRO 60/2016 MO v Standards Committee (27 September 2018) [pdf, 174 KB]

   ...decision) is confirmed: I consider that Standards Committees should insist on strict compliance with the [LNC] Rules. The history of lawyers’ nominee companies has been troubled and the [LNC] Rules have been developed in a prescriptive manner to protect contributors as much as possible. I do not consider that there is any room for the exercise of a discretion in determining whether or not the [LNC] Rules have been breached. A discretion can clearly be exercised when determining pe...

3. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...Rangitunoa further noted that there are currently rent arrears on the land of $30,000.00. The land is also leased for grazing, the funds from which are being received by Tokai. [22] Rangitunoa submitted that she would like to see her mother enjoy full, protected, undisturbed occupancy of the house for her lifetime, with the right to upgrade the premises as she wishes, without hindrance from any other. [23] At the hearing, Mr Bidois summarised Anituatua’s position as seeking an oc...

4. LCDT Annual Report 2019 [pdf, 352 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the complex task of organising 5-member hearings, at various hearing venues...

5. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...said to have worked without instructions, is underpinned by a more general argument that permeates Mr EK’s written submissions, where he suggests, in more general terms, that Mr IQ had embarked on work that was not required of him. [71] In carefully reviewing the correspondence relating to the transaction, I am satisfied that Mr IQ received instructions from Mr EK to act for Mr EK on what was a 11 significant purchase, and that the steps taken by Mr IQ were consistent with, an...

6. LCDT Annual Report 2022 [pdf, 435 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted 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 co...

7. Characteristics-of-children-and-young-people-who-offend_v1.0.pdf [pdf, 446 KB]

   ...The results presented in this study are the work of the author, not Stats NZ or individual data suppliers. These results are not official statistics. They have been created for research purposes from the Integrated Data Infrastructure (IDI), which is carefully managed by Stats NZ. For more information about the IDI please visit https://www.stats.govt.nz/integrated-data Integrated Data Infrastructure (IDI) disclaimer Ministry of Justice 7CHARACTERISTICS OF CHILDREN AND YOUNG PEOPLE WHO OFFE...

8. Waitangi Tribunal - Interim report on the MV Rena and Motiti Island claims [pdf, 2.2 MB]

   .... . . . . . . . . . 3 2 .2 Crown submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 The duty of active protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 .1 Relevant jurisprudence . . . . . . . . . . . . . . ....

9. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...evidence shows [redacted] could be at real risk and if that happens, the consequences could include termination of the projects. This will not serve the ends of justice. [138.3] … [34] It is certainly important that the rights of consumers be protected. But those rights are not to be protected at all cost. The public interest requires that the powers conferred by the HDCA be exercised fairly. But in the present case the long delay in bringing the proceedings caused substantial u...

10. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

    ...inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr J to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [37] The Tribunal has unchallenged evidence given on oath; it is obliged...