Search Results

1. Kidderminster v Orkney & Kiddwelly LCRO 37 / 2010 (3 November 2010) [pdf, 123 KB]

   ...account of that solicitor. (2) ... (3) ... (4) Nothing in this section shall be construed to take away or affect any just claim or lien that any solicitor may have against any money so received by him. That section has now been replaced with s 110 of the Lawyers and Conveyancers Act 2006 which largely duplicates s 89. [20] Section 91(1)(a) of the Law Practitioners Act provided that regulations may be made “Regulating the use and audit of trust accounts of solicitors, and p...

2. IPT Annual Report 2015 [pdf, 850 KB]

   ...appeals Withdrawn or invalid Decisions released Appeals finalised Appeals on hand at end of year 190 150 20 191 211 129 Chart E.2 Refugee and Protection Decisions Released Declined Allowed Total 110 81 191 Chart E.3 Refugee and Protection Caseflow – by Month 0 5 10 15 20 25 30 35 40 45 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun New Appeals Appeals Finalised...

3. Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) [pdf, 332 KB]

   2019 Māori Appellate Court MB 110 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20180007223 APPEAL 2018/17 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF An appeal against an order of the Māori Land Court made on 12 July 2018 at 175 Taitokerau MB 257-326 in respect of Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust and Ngā Uri o Ngāti Pakahi Trust BETWEEN BRYCE PEDA SMITH Applicant AND...

4. LCRO 246/2016 AS v NL (25 June 2019) [pdf, 170 KB]

   ...of those payments had gone into a trust account. (d) One invoice, which was dated 24 November 2014 and was for $852.15, had been produced and that invoice was paid by Ms AS. [24] The Committee found that conduct to have breached: (a) Section 110 of the Lawyers and Conveyancers Act 2006 (the Act) dealing with trust account obligations. (b) Rule 9.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the LCCCR) dealing with payment of fees in advance...

5. LCRO 9/2022 LJ v TW obo trustees of PQ and RQ Family Trust (19 June 2024) [pdf, 183 KB]

   ...of her retainer and her duty to take reasonable care, (r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) did Ms LJ receive money from her client and fail to apply it as directed? (Section 110, Lawyers and Conveyancers Act 2006 (the Act)); and (c) did Ms LJ fail to complete the regulated services required by her client under her retainer (without having grounds to do so under r 4.2 of the conduct rules and sub rules); and (d)...

6. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 19 (3 July 2024) [pdf, 271 KB]

   ...therefore the second limb of s 7(1)(a) of the LCA was engaged. [12] Rather we found Ms Leach had committed misconduct by a reckless breach of the relevant provisions. Obviously, the lengthy period in which the practitioner was in default of s 110(d) and (b) was crucial to our decision. Had the error been discovered a matter of days after the deposit into Ms Leach’s practice account, we would not 9 However, we note that even if they were at the lengthiest interval, namely six m...

7. People with finalised charges and convicted of methamphetamine offences December 2023 [xlsx, 209 KB]

   ...proved 0 0 3 0 0 1 4 0 2 0 Taitokerau Whangārei Not proved 15 20 26 26 21 33 15 17 13 20 Taitokerau Whangārei Other 0 0 1 0 0 0 1 1 1 2 Taitokerau Whangārei Total 60 63 103 98 113 122 138 101 74 81 Taitokerau Justice service area total Convicted 77 67 110 101 137 147 182 118 102 107 Taitokerau Justice service area total Other proved 0 0 5 2 4 3 6 0 3 1 Taitokerau Justice service area total Not proved 18 37 40 33 31 45 23 27 27 32 Taitokerau Justice service area total Other 0 0 1 0 0 0...

8. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...trial. [55] Ms WS receiving payment direct from Mr KL senior in advance, without issuing an invoice, highlighted conduct issues the Committee did not consider. Ms 13 WS’s conduct in receiving payment direct raises concerns arising from s 110 of the Act, and related provisions in the Trust Account Regulations and rules. [56] Section 110 requires any money received by a lawyer for, or on behalf of, any person to be paid into a trust account. As Ms WS is a barrister, rule 14....

9. Tamakehu v Te Uamairangi - Ohotu No.1C No.1 Block (2020) 414 Aotea MB 59 (414 AOT 59) [pdf, 223 KB]

   ...has no discretion as to the application of those funds. 12 Ibid, at [90]. See also Smith v Smith – Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) at [15] 13 See Perenara v Pryor – Matatā 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 414 Aotea MB 72 There appears to have been some confusion over the extent to which each body had an overlapping or conf...

10. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

    ...stress from the case directly contributed to her subsequent health challenges. The relentless demands of the case consumed her free hours, weekends and holidays, leaving her perpetually exhausted. [27] It is contended that the insertion of s 110A of the Act, the Tribunal’s discretion to award costs, is particularly noteworthy for self-represented litigants. The amendment 2 The different figures and the mathematics are from the appellant. 6 provides a balanced and equ...