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1. Morgan v ACC [2010] NZACA 10 [pdf, 80 KB]

   ...appellant. Prejudice to the Corporation [109] As stated above, in order for the appellant to succeed with this appeal, he must demonstrate that the exercise of the Corporation’s discretion in 1974/75 was manifestly wrong. 15 [110] The Authority agrees with Mr Tui that there is simply no evidence available to shed light on the Corporation’s exercise of its discretion in 1974/75. The documentary evidence relied on by the appellant are estimations and approximation...

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

   ...power of review to the circumstances set out in s 194(1) is a necessary and important constraint, and ensures that Committees are free to manage the process of inquiry, without hindrance of oppressive intervention cloaked in the disguise of review. [110] I see no basis to disturb the Committee’s decision. Conclusion [111] The application for review is dismissed. Decision Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee...

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

   ...and application of funds statement in relation to his practice, and producing that to the Tribunal. [109.3] He will be expected to fully explain his personal financial circumstances, including providing a statement of assets and liabilities. [110] If Mr Standing does not respond, the Tribunal may proceed on the basis that Mr Standing has the means to meet the financial sanctions that fully reflect the findings against him. Timetable [111] The timetable for submissions will be as fo...

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

   ...application and submitted it to Immigration New Zealand, and did so with a lack of care, was negligent, and lacked professionalism in that action. [109] The complaint is upheld pursuant to section 44(2)(a) and (e) of the Act. Submissions on Sanctions [110] As the complaint has been upheld, the Tribunal must either take no further action or impose any one or more of the sanctions provided in section 51. [111] The Authority and Ms Maerean have the opportunity to provide submissions o...

5. Kirkham v Huata - Lot 2 Deposited Plan 1996 formerly known as Mangaroa 26N2 block (2016) 54 Takitimu MB 104 (54 TKT 104) [pdf, 363 KB]

   ...Appellate Court MB 59 (2015 APPEAL 59) 5 See Haira v Haira – Kapenga A7(2016) 149 Waiariki MB 259 (149 WAR 259) 6 Bennion, Brown, Thomas and Toomey New Zealand Law (2 nd Ed, Brookers Ltd, Wellington 2009) at [8.5] 54 Tākitimu MB 110 premises; the grant to the lessee of the legal right of exclusive possession; and proper creation. 7 [27] If the parties intend to grant and accept a lease but do not comply with the requirements of the Land Transfer Act 1952 their docu...

6. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...transparency should allow providers to implement best practice processes without the intervention of the auditor. 19 2018-2019 audit programme The Ministry has completed 113 audits for their 2018-2019 audit programme, against a target of 110. Analysis is underway, and the corresponding report will be published in due course. Many of the issues identified in the 2018-2019 audit programme mirror those described in this report. Perennial issues such as poor file maintenance con...

7. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...INCORPORATED, WHAREHURU GILBERT, MARTHA HINEONE GILBERT, KAREN MARAMA PARATA, MABEL URU TANIRAU AND ROGAN RAWIRI HAHOPE TANIRAU Ngā kaitono Applicants Nohoanga: Hearing 8 April 2020, 414 Aotea MB 78-80 16 June 2020, 417 Aotea MB 110 1 July 2020, 417 Aotea MB 258-265 29 July 2020, 418 Aotea MB 207-208 (Heard at Wellington) Kanohi kitea: Appearances R Pinny for the applicants S Hughes QC and T Cooley for the respondents Whakataunga: Judgment d...

8. ASC - Annual Report 2016 [pdf, 1.7 MB]

   ...Percent Total 13,155 100.0 Danger to Life 32 0.2 Danger to Physical Health 21 0.2 Danger to Mental Health 12,810 97.4 Danger to Life and Physical Health 1 0.0 Danger to Life and Mental Health 1 0.0 Mental and Physical Health Danger 110 0.8 Handicapped Child and Danger to Life 2 0.0 Handicapped Child and Physical Danger 5 0.0 Handicapped Child and Mental Danger 107 0.8 Handicapped Child, Physical and Mental Danger 3 0.0 Seriously Handicapped Child 57 0.4 Crimin...

9. LCRO 323/2013 AZ v BY (22 June 2017) [pdf, 220 KB]

   ...for the property to vest in Mrs AZ and required her to make payment to Mr AZ one year later. 28 Letter from XX to New Zealand District Law Society (15 July 2012) at [80]. 29 At [59]. 30 At [110]–[112]. 10 The agreement settled all relationship property issues including the claim by Mr AZ for more than $638,000. [33] However, Mr AZ (the applicant) submits that Mr BY should have canvassed whether his mother was able to...

10. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

    ...determination. This decision, in the main, confirms the determination of the Committee. [108] In the circumstances, there is no order for payment of the costs of this review. 17 Review [109] Costs lie where they fall. Anonymised publication [110] Pursuant to s 206(4) of the Act, I direct that this decision be published so as to be accessible to the wider profession in a form anonymising the parties and bereft of anything as might lead to their identification. DATED this...