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1. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...any particular time. [100] This brings to the forefront, the issue which I consider was singularly unsatisfactory about the management of Mr NM’s file, namely, the number of lawyers who had their fingerprints, at various times, on the file. [101] I have identified no fewer than 11 individuals who appear to have had some involvement with Mr NM’s file. [102] The persons involved include Mr LK (lawyer), ZY (lawyer), BA (law clerk), CD (lawyer), RQ (instructing solicitor), XW (law...

2. Complaints Assessment Committee (CAC 409) v Ganesh NZREADT 19 [pdf, 327 KB]

   ...Should Mr Ganesh be found guilty of misconduct on the first charge? [100] We have found that Mr Ganesh breached s 136 of the Act by failing to disclose that he, Mrs Ganesh, or Mogans could potentially benefit financially from the transaction. [101] In Complaints Assessment Committee 402 v Dunham,10 the licensee advised prospective purchasers of a property orally that the vendors were “relatives”, then (after the sale and purchase agreement was entered into) that the vendors we...

3. 2017 NZSSAA 062 (20 October 2017) [pdf, 307 KB]

   ...relationship in the nature of marriage under the Act. [99] Accordingly we are not satisfied that Ms XXXX was in a relationship in the nature of marriage during the relevant period. Decision [100] The appeal is granted. 21 [101] Ms XXXX is entitled to payment of sole parent support, accommodation supplement and temporary additional support between 26 November 2011 and 24 November 2014. Observation [102] Mr Reid’s second interview with Ms XXXX took place on...

4. Owen v Hauiti - Kiwinui A (2016) 57 Tairawhiti MB 70 (57 TRW 70) [pdf, 290 KB]

   57 Tairawhiti MB 70 IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRAWHITI DISTRICT A20140008775 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Kiwinui A Block BETWEEN PETER WILLIAM OWEN AND CHERYL RAHI Applicants AND WAHAPEKA HAUITI Respondent Hearing: 4 November 2014, 43 Tairawhiti MB 215-231 2 February 2015, 45 Tairawhiti MB 153-192 24 April 2015, 48 Tairawhiti MB 42-145 (Heard at Ruatoria) A

5. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...the application of r 6.1.2 is if “it becomes apparent that the lawyer will no longer be able to discharge the obligations owed to all of the clients for whom the lawyer acts”. The Committee did not discuss or make comment on this issue. [101] In my view, given the position taken by Ms AB first, in respect of the terms of the Deed of Arrangement not having been agreed, secondly, the transfers for each property not having been exchanged at that time, and thirdly, Ms MN’s allega...

6. BORA Evidence Bill [pdf, 406 KB]

   ...decision would have no direct application in New Zealand. There are no comparable property rights in the BORA. Rather, in New Zealand, it will be the victim's right to a fair trial that will need to be balanced against that of the accused. 101. In conclusion, it would be an exceptional case where the risk of property damage, without any accompanying risk to persons, could be the basis for a witness anonymity order. In most cases there will need to be some kind of risk to persons fo...

7. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   ...people Year Asian Māori Pacific Other Number Rate* Number Rate* Number Rate* Number Rate* 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 2013/2014 22 4.67 108 18.06 26 8.81 373 12.96 2014/2015 16 3.40 130 21.74 27 9.15 391 13.58 2015/2016 39 8.28 129 21.57 2...

8. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...so. [100] Mr and Mrs SH maintain that had they received an estimate at an early stage of the retainer, indicating fees of up to $15,000, then they would not have taken matters further and would have gone elsewhere looking for a cheaper option. [101] I have reservations about the certainty with which that is expressed. By 28 November 2012 Mr and Mrs SH had received substantial documentation and advice from Mr TC, across several pieces of correspondence from him. It must have been...

9. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...that he does not invoice clients for fees in advance. 18 [100] I have no reason to doubt Mr IJ’s word on this. My impression is that he has taken responsible steps to address issues of compliance, such as seeking accounting advice. [101] The difficulty arises with fees that are paid on behalf of a client, by an employer, as a contribution towards a client’s legal costs. This arose in Mr KL’s case and I accept (and am indeed aware) that this is a common practice in empl...

10. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

    59 Tākitimu MB 288 IN THE MĀORI LAND COURT OF NEW ZEALAND TᾹKITIMU DISTRICT A20170002346 A20160004001 A20160003998 UNDER Section 67, 113 and 220 of Te Ture Whenua Māori Act 1993 and r 15.1 of the High Court Rules IN THE MATTER OF Owhaoko C Trust BETWEEN TRUSTEES OF OWHAOKO C TRUST Applicant AND WERO KARENA Respondent A20160003902 UNDER Sections 231, 238 and 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Owhaoko C Trus