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1. EO and EP v VO LCRO 240 / 2010 (3 August 2011) [pdf, 109 KB]

   ...The Committee appears to have overlooked a previous decision of this Office, namely A v Z, LCRO 40/2009. There the LCRO concluded that a lawyer may only deal with trust funds in two ways pursuant to s 89 of the Law Practitioners Act 1982 (or s 110 of the Lawyers and Conveyancers Act 2006). That is by paying those funds to the client, or paying them at the direction of the client. This decision may be accessed on the LCRO website. It is understood that this decision was widely prom...

2. AL v ZO LCRO 24 / 2010 (27 August 2010) [pdf, 100 KB]

   ...time when the Law Practitioners Act 1982 was still in force and that the conduct contravened section 89 of that Act. The Committee further noted that the unauthorised retention constituted ongoing conduct and thereafter breached section 4 110(1)(b) of the Act. The Committee was satisfied that the breach constituted unsatisfactory conduct as defined by section 12 of the Act. I have referred to the orders made by the Committee pursuant to section 156(1) of the Act which include...

3. Hide v Official Assignee (Discovery) [2018] NZHRRT 6 [pdf, 172 KB]

   ...the Tribunal to issue a summons. Service of witness summons [3] The party applying for the summons is responsible for its service once it has been issued by the Tribunal. [4] As to how a witness summons may be served reference is to be made to s 110 of the Human Rights Act. A summons may be served: [4.1] By delivering it personally to the person summoned. Such service must take place at least 24 hours before the attendance of the witness is required. [4.2] By posting it by regist...

4. Yates v Te Kohanga Lots 1 and 3-27 Trust (2010) 13 Taitokerau MB 36 (13 TTK 36) [pdf, 105 KB]

   ...Trustee under s 438 to partition and sell beach-front sections and to lease the balance of the land.6 [10] On 10 March 1965 the Court cancelled titles to Te Kohanga 1 and 2 and amalgamated them into the one title, Te Kohanga, comprising approximately 110 acres. 7 The Court then proposed vesting Te Kohanga in the Māori Trustee under s 438 for the purpose of partition. Following the Māori Trustee’s consent, the order under s 438 was issued on 21 December 1965 and included the...

5. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...entitlement of Catrina Rowe to succeed. 1 Maddox v Maddox HC Hamilton CIV 2012-419-283 dated 25 July 2012. 2 Maddox v Maddox HC Hamilton CIV2012-419-283 dated 16 October 2012. 181 Waiariki MB 110 [6] Correspondence was subsequently received from the administrators of the Estate, on 3 May 2016, stating that the application required amendment for it to conform with the Will of the deceased given the High Court orders. [7]...

6. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

   ...the short time Mr Noble was intending to be in New Zealand, there was an expectation of availability for BCL flights for at least six days out of seven. 3 At [99]. 4 At [100]. 5 At [109-[110]. 6 At [111]-[115]. [12] In its discussion of the tax position, the Authority reviewed an email Mr Noble had written finding which indicated he thought of himself as a contract pilot, and that he had been insistent BCL shoul...

7. White v Potroz - Mohakatino Parininihi No 1C West 3A2 [2017] Māori Appellate Court MB 450 (2017 APPEAL 450) [pdf, 570 KB]

   ...the Official Assignee. It is dated 5 May. The year is not stated, but it is reasonable to assume the relevant year was 1942. The letter informs the Official Assignee that the purchase money related to the land was paid to the Board pursuant to s 110 of the Native Land Act 1931, and would be “retained by the Board until the question of the survey of the block” was settled. Procedural History [7] An application to determine the ownership and status of the land known as Mohakati...

8. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

   ...court may vary the trust by varying or replacing the order constituting the trust, or in any other manner the court considers appropriate. (3) The court may not exercise its powers under this section unless it is satisfied— 64 Tairawhiti MB 110 (a) that the beneficiaries of the trust have had sufficient notice of the application by the trustees to vary the trust and sufficient opportunity to discuss and consider it; and (b) that there is a sufficient degree of support...

9. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...Related Trades Union Inc v AFFCO New Zealand Ltd [2016] NZEmpC 7. 3 AFFCO New Zealand Core Employment Agreement, 1 May 2012 to 31 December 2013. 4 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd, above n 2, at [110]. 5 At [114]. 6 At [119]. [6] Since the February judgment, various memoranda have been filed with a view to determining the wages which each second plaintiff would have been paid but for the unlawful lockout and unlawfu...

10. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

    ...paragraph [114]. 7 At paragraph [119]. 8 Section 3(1) of the Act. 9 Section 3(2). punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.10 [20] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of the Act (these...