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1. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...identifying details of the parties in this decision have been changed. DECISION Introduction [1] This is an application for review of a determination by the Standards Committee in which it found that Messrs WB and WA had breached the provisions of s 110(1)(b) of the Lawyers and Conveyancers Act 2006 (the Act). [2] In the same way as my decision in LCRO 126/2012, this decision is of some importance in that it concerns an arrangement between WAA and VXZ, whereby VXZ operated w...

2. Albert v Paeroa - Omaio 39 (2014) 110 Waiariki MB 119 (110 WAR 119) [pdf, 131 KB]

   110 Waiariki MB 119 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20130001240 UNDER Section 242, of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Omaio 39 BETWEEN NICHOLAS MOTU ALBERT Applicant AND TE TUNU PAEROA Respondent Hearing: 1 April 2014 (Heard at Te Kaha) Judgment: 19 December 2014 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE CL FOX 110 Waiariki M...

3. Goldsmith - Matata 63Z (2006) 110 Whakatane MB 295 (110 Whk 295) [pdf, 120 KB]

   IN THE lVIAoRI LAND COURT OF NEW ZEALAND W AIARIKI DISTRICT Minute Book: 110 WHK 295 Al0060013594 UNDER Section 239, Te Ture Whenua Maori Act 1993 Hearing: Judgment: IN THE MATTER OF Matata 63Z - Appoint and replace trustees W AL TON TE ARIKI GOLDSMITH Applicant 29 August 2006, 110 Whakatane MB 278-285 (Heard at Whakatane) 6 September 2006 RESERVED DECISION OF JUDGE P J SAVAGE [1] This is an application to appoint two new trustees to an ahu whenua trust in place of o...

4. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   ...Conduct for Expert Witnesses in the Environment Court Practice Note 2014. Background Noise Monitoring Report 4. The Applicant agreed to undertake background noise monitoring at the 3 most proximate residential dwellings (22 and 90 Pryde Road and 110 Porteous Road) to assist in assessing the noise effects of the proposed wind turbine. To that end attached at Appendix A is the Background Noise Monitoring Report prepared by me. Stephen Gordon Chiles 12 May 2017...

5. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...The names and identifying details of the parties in this decision have been changed. Introduction [1] In ZE v Legal Complaints Review Officer,1 the Court quashed the finding of this Office that Ms ZE and [Law Firm X] had contravened ss 110(1) and (2) of the Lawyers and Conveyancers Act 2006, quashed the Legal Complaints Review Officer’s (LCRO) finding of unsatisfactory conduct and set aside all orders made by the LCRO. The Court remitted the matter back to this Office to be...

6. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...on her behalf in the firm’s trust account after she had withdrawn her earlier authority to do so and informed the firm that the money was to be returned to [TTT]. [10] The question raised in Mrs ML’s complaint requires a consideration of s 110(1)(b) of the Lawyers and Conveyancers Act 2006 (the Act) which specifies how a lawyer is to handle a client’s money, s 113(2) of the Act which acknowledges a lawyer’s “just claim or lien …against that money”, and reg 9 of the Lawyers...

7. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...be imposed to emphasise the seriousness of the breach in his case. (d) Complainant’s Loss [21] The Complainant seeks to be recompensed for the legal costs she has incurred in the amount of $46,977.08. This order was sought pursuant to s 110(4) and s 93(1)(i) of the Act. [22] The Tribunal notes that s 110(4) merely refers to the Tribunal’s powers to make orders under s 93(1). Under s 93(1)(g) the Tribunal can order a licensee to pay the Complainant any costs or expense...

8. CAC 20006 v Stevenson [2013] NZREADT 74 [pdf, 28 KB]

   ...complained of by Mr Stevenson took place in 2011. Accordingly Mr Stevenson’s conduct falls to be considered under the penalty provisions of the Real Estate Agents Act 2008. The Tribunal has available to it those penalties which are set out in sections 110 and 93. [4] The penalties which are relevant to the charges on which Mr Stevenson have been found guilty are: [a] An order cancelling Mr Stevenson’s licence (s 110(2)(b)); [b] An order suspending Mr Stevenson’s licence (s 1...

9. LCRO 263/2015 DH v EI (12 May 2017) [pdf, 124 KB]

   ...authority to withhold the funds from Mrs EI”.9 The Committee was “particularly mindful that lawyers have an overriding obligation to the court, even if they may disagree with the court’s directions”.10 [23] The Committee then referred to s 110 of the Lawyers and Conveyancers Act 2006 which provides that: 7 At [18]. 8 At [20]. 9 At [21]. 10 At [22]. 5 (a) A practitioner who, in the course of his or her practice, receiv...

10. XB & XC v A North Island Standards Committee LCRO 207-208 / 2012 (10 June 2013) [pdf, 163 KB]

    ...matter and conducted a hearing the Committee determined that there has been unsatisfactory conduct on the part of the practitioners pursuant to s152(2)(b) of the Act due to breaches of regulations 11(1) and (2) of the Trust Account Regulations, ss110(1)(a) and 110(1)(b) of the Act and ss112(1)(a) and 112(1)(c) of the Act. 23. In particular the Committee notes: a. The two journals meant that the trust account did not provide a record of the amount of trust money held for each client...