Search Results

1. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...“incorrect”, then that would “have ended the matter”. (e) Discussion [100] As noted above, “any person” can lay a complaint about a lawyer. The rules require lawyers to establish complaints procedures to deal with complaints by clients. [101] As far as complaints by non-clients are concerned, a lawyer who receives such a complaint owes the person making the complaint, a third party, a duty of “integrity, respect, and courtesy”. [102] In considering Mr AH’s...

2. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...observe only that I expect exemplary behaviour from all parties about all the proceedings that are before this Court, in all the circumstances. Any failure to meet those standards will be of considerable concern to the Court. Overall justice [101] The final, and most significant part of the assessment relates to the overall assessment which the Court must make on this leave application, as to where the interests of justice lie. [102] The assessment is finely balanced. As expla...

3. Legal aid grants June 2019 [xlsx, 98 KB]

   ...39 428 434 425 491 278 213 219 265 312 339 22% 22% 25% 24% 20% 22% 21% 26% 25% 29% 40 to 49 548 589 449 541 401 251 282 236 327 263 28% 29% 26% 26% 28% 26% 27% 23% 27% 22% 50 to 64 471 496 333 476 360 280 299 267 301 279 24% 25% 20% 23% 25% 29% 29% 26% 25% 24% 65 and over 104 101 86 108 84 53 72 42 60 82 5% 5% 5% 5% 6% 5% 7% 4% 5% 7% Unknown 18 14 8 4 2 2 2 1 2 0 1% 1% <1% <1% <1% <1% <1% <1% <1% 0% Total 1,941 2,014 1,700 2,078 1,412 976 1,032 1,021 1,227 1,171 100%...

4. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

   ...educational instead of punitive outcomes. [100] Given what I have made of the case, I conclude that this is one of those unusual cases where, despite the breach of a conduct rule, a finding of unsatisfactory conduct is not warranted. Decision [101] Pursuant to s 211(1)(a) and (b) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed and a finding that no further action is either necessary or appropriate is substituted. [102] It follows th...

5. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...XK’s three brothers] [100] From the terms of the consent order it is clear that the parties did not agree that Ms XK would receive the funds represented by the mortgage. The negotiated result reflected an approximately 70:30 split. 16 [101] At the time of the settlement conference the mortgage was still in place. It was not repaid by the mortgagors until 28 August 2015, several years after the initially agreed term and some five years after the judicial settlement conference...

6. Clarke v Overington - Maketu A Section 39 (2019) 215 Waiariki MB 95 (215 WAR 95) [pdf, 365 KB]

   ...the land, the appointment of trustees, and the conversion of the land to General land, was simply a device to obtain a mortgage to pay the rates arrears and other debts incurred by Robert Clarke. He says this did not include 215 Waiariki MB 101 any disposition of any part of the jointly owned land. Mr Dennett argued that applications filed at that time to transfer shares from the applicant to her sister and from Robert Clarke to his daughter were arranged by Robert Clarke�...

7. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...16 April, having informed BN he had been negligent by not advising her about the land covenant, AJ sent her complaint to YU who an hour later informed her the complaint was being “looke[d] into” and he would respond to her “shortly”. [101] The Easter holiday period commenced on Friday, 19 April 2019. [102] On the following Tuesday, 23 April, AJ asked (by email) BN to send her “the settlement statement for the balance” of the purchase price payable so she could pay th...

8. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 KB]

   ...did not acquire an interest in the property such as would entitle them to register a caveat against the property. 17 [100] If their bills were not paid, they were able to seek recourse in exercising creditor’s remedies available to them. [101] Following the approach in BAB v PW LCRO 4/2011 (14 August 2012), it is my view that Mr MN has failed to meet the necessary threshold to establish a contestable argument that he had reasonable grounds to lodge a caveat. [102] In the abs...

9. Legal aid grants June 2020 [xlsx, 90 KB]

   ...39 434 425 491 278 213 219 265 312 339 299 22% 25% 24% 20% 22% 21% 26% 25% 29% 26% 40 to 49 589 449 541 401 251 282 236 327 262 288 29% 26% 26% 28% 26% 27% 23% 27% 22% 25% 50 to 64 496 333 476 360 280 299 267 301 279 302 25% 20% 23% 25% 29% 29% 26% 25% 24% 26% 65 and over 101 86 108 84 53 72 42 60 83 67 5% 5% 5% 6% 5% 7% 4% 5% 7% 6% Unknown 14 8 4 2 2 2 1 2 0 2 <1% <1% <1% <1% <1% <1% <1% <1% 0% <1% Total 2,014 1,700 2,078 1,412 976 1,032 1,021 1,227 1,171 1,163...

10. [2020] NZEnvC 159 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council.pdf [pdf, 2.2 MB]

    ..."in locations other than in the Rural Zone". The SO is correctly qualified through the use of the word "inappropriate subdivision, use and development". [21] In addition, QLDC proposes two drafting refinements (as set out at [101).19 Later, we explain that we agree further refinement is appropriate but differ somewhat from QLDC on the best approach to this. Provision 3.1 B. 7: Proposed additional definition of 'Rural Character Landscape' [22] Ms Scott...