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1. Tamati v Wainohu - Tamati Whanau Trust (2010) 5 Tairawhiti MB 87 (5 TRW 87) [pdf, 83 KB]

   ...of this whanau trust I would still expect simple meeting minutes to be kept and to be provided to beneficiaries. Meeting minutes can be handwritten into a notebook, or typed. The minutes can be emailed or posted around 5 Tairawhiti MB 101 the beneficiaries. An alternative could have been that the minutes and likewise bank statements or other accounts could be held in a safe place and made available for the beneficiaries to inspect. [69] I find that the trustees have...

2. AB v DE & Ors LCRO 75/2014 (11 July 2016) [pdf, 90 KB]

   ...(b) A requirement under ss 141 or 147; (c) An order made under s 156; and (d) A direction given pursuant to ss 142 or 143. 18 [100] The parameters of the LCRO’s power to review were considered in the decision of Lydd v Maryport.14 [101] For the most part, applications filed with the LCRO seek to review Standards Committee determinations, i.e. final and decided outcomes of a complaint. In that decision it was noted that “It is clear that not every step taken by a Stand...

3. Bullent v Standing [2012] NZIACDT 54 (30 August 2012) [pdf, 131 KB]

   ...are less than the total fees Mr Standing received. [100] Mr Standing is facing complaints before this Tribunal that he procured the payment of fees and failed to perform work; in many cases those fees were deposited into offshore bank accounts. [101] This information is sufficient to raise a concern that Mr Standing has received a substantial body of fees which have not been accounted for. [102] Accordingly, the Tribunal puts Mr Standing on notice that if he claims he does not have t...

4. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

   ...New Zealand dollars. [100] That would be on the basis that the payment was intended to be for services in New Zealand and could be expected to be converted when paid. The parties may contend for some other basis. Mr Standing’s circumstances [101] This Tribunal is an inquisitorial body and is required to pursue issues raised by complaints, where necessary requesting further information and requiring persons with information to appear before the Tribunal. [102] This Tribunal is cur...

5. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...the Committee, that in the alternative, if conclusion was reached that the Practitioners were conflicted, the conduct would not reach the necessary threshold for intervention under the standards applicable under the Law Practitioners Act 1982. [101] The Practitioners expressed concern at the delay in raising the complaints. [102] The complaints which were lodged in July 2013 relate to breaches of conduct which are said to have commenced in 2004 and extended through to 2006. 17...

6. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

   ...and lawful advice regarding his immigration prospects, and the duties he had when completing his application; [100.3] she had any written authority, instructions from Mr OBC, or that he had the information required to give informed instructions. [101] She had relied on Mr Sparks. However, the Code makes it clear that where a licensed immigration adviser undertakes professional work, the client must personally engage them (potentially along with other advisers). [102] Aside from the im...

7. AZ v YX LCRO 175 / 2010 (25 March 2011) [pdf, 146 KB]

   ...undertaking an initial inquiry into the allegations. The Complaints Committee would have investigated the matter and formed an opinion as to whether the conduct complained of was of “sufficient gravity to warrant the making of a charge … (ss101(1) and (2) Law Practitioners Act 1982.” [57] The most relevant comments are made in paragraphs 23 and 24 and I include those in full. Paragraph 23 “We have also considered what is meant by “proceedings” being “commenced” i...

8. Rohipa v Campbell - Estate of Te Maungarongo Wiremu or Morgan Kingi (2008) 184 Gisborne 294 (184 GIS 294) [pdf, 475 KB]

   ...implication must be that Maori spirituality underpinned the reasons why Jo-Vanna was taken. In her view, her mother-in-law 17 177 Gisbome Minute Book 104-105 18 177 Gisbome Minute Book 105-106 or Letter dated 24 Jan 2008 19 177 Gisbome Minute Book 101 20 177 Gisbome Minute Book 111 21 177 Gisbome Minute Book 111 22177 Gisbome Minute Book 119-120 23 177 Gisbome Minute Book III 184 Gisborne MB 303 took over full care of Jo-Vanna and took over the role of mother.24 She did not ho...

9. Have your say on the family justice system - easy read [pdf, 5.9 MB]

   ...writer counsellor something else. 100 How were you related to the child or children in the family dispute? parent guardian grandparent whānau / family Other 101 Is there anything else you would like to tell us? 102 How to have your say Thank you for taking the time to read and answer questions about the 2014 changes to the family justice system....

10. Supplementary Report on Claim by David Cullen Bain for Compensation for Wrongful Conviction and Imprisonment [pdf, 861 KB]

    ...and answer. It would be neither productive nor possible to set out, or indeed refer to all of the evidence which has been given in the various stages of the case. Factually, what the Crown says in its last set of submissions at paragraphs 98 to 101 is correct. Arguments of the Applicant 26. I offer no comment upon this paragraph. 27. I offer no comment upon this paragraph. 28. I offer no comment upon this paragraph. 29. I offer no comment upon this paragraph. 29.1 I offer no...