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1. VL v SB LCRO 142/2014 & 160/2014 (12 October 2015) [pdf, 77 KB]

   ...to provide information. This was denied by Mr VL. The Committee was satisfied that there was no evidence to support the allegation. It formed the view that Mr VL was open and transparent with the beneficiaries and noted that he had made his files available for inspection by counsel for the beneficiaries. Again, the Committee found there had been no breach of professional standards. • Acting in contravention of the mediation agreement (not included in the specific issues l...

2. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...$12,842.25 [20] The Committee determined to take no further action in respect of the complaint that the Practitioner‟s accounts exceeded his estimate. The reasons provided for this were as follows:- (i) the costs assessor referred to various file notes relating to the level of the costs and the discussions with the Applicant about them, and the possibility of recovery of costs if the appeal was successful. 4 (ii) the fact that the Applicant was of limited means did not m...

3. Manahi v The Māori Trustee – Kapenga A5 (2018) 184 Waiariki MB 168 (184 WAR 168-180) [pdf, 304 KB]

   ...sale to the beneficiaries.1 [2] Lorin Manahi has now applied for an order per s 237 of Te Ture Whenua Māori Act 1993 and s 68 of the Trustee Act 1956 to restrain the Māori Trustee from proceeding with the sale. [3] The Māori Trustee has also filed an application requesting that I recall the orders made at the 8 December hearing and issue a new judgment to include an express determination that the Māori Trustee has the power to execute and complete the sale. [4] A teleconferenc...

4. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

   ...facts pertaining to the two applications, which they claim would have influenced the outcome of the Judge’s decision. 142 Waiariki MB 284 Mr Wihapi’s submissions [9] Mr Anthony Wihapi supports the rehearing application. Mr Wihapi filed a letter and submission setting out his concerns, which in summary are: (a) The transfer of shares applications allowed manipulation of the voting system in the Whakarewarewa block elections; and (b) While his whānau have waited pat...

5. The Property Group – Awapuni 1F3 (2016) 56 Tairawhiti MB 56 (56 TRW 56) [pdf, 208 KB]

   ...Copies to: R Mogensen, P O Box 104, Shortland Street, Auckland 1140, rmorgensen@propertygroup.co.nz mailto:rmorgensen@propertygroup.co.nz 56 Tairawhiti MB 57 Introduction [1] This application was filed by Ainslie Drysdale on behalf of the Crown Property Management of Land Information New Zealand and by their authorised agent, Rachel Mogenson of the Property Group, Auckland, pursuant to s 134 of the Te Ture Whenua Māori Act 1993 (“th

6. [2018] NZEmpC 70 AsureQuality Ltd v NZPSA Inc [pdf, 315 KB]

   ...took in relation to the application of penal rates for hang-over work, and I am unable to draw any useful conclusions from it. What is clear is that such payments were made at one of the company’s plants, although they ceased when the defendant filed its claim in the Authority. It appears that the PSA pursued the interpretation point when the issue was drawn to its attention by a local union delegate. The company then took some time to respond. [28] What was the relevant acti...

7. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

   ...dated 27 March 2019. 8. The Standards Committee determined it would conduct a hearing on the papers, and on 9 April 2019 wrote to both the Practitioner and his firm’s principal, enclosing a formal notice of hearing. Submissions were to be filed by 3 May 2019. 9. The Practitioner filed submissions by email on 3 May 2019. 10. A hearing on the papers was conducted on 14 May 2019, and a determination made that the matter should be considered by the New Zealand Lawyers and Conve...

8. Wanklyn - Estate of Ropata Wharetoetoe Rare (2004) 157 Gisborne MB 243 (157 GIS 243) [pdf, 2.7 MB]

   ...with Whangamata 4D1 C1 B failed and a partial intestacy resulted. At 154 GIS 155, I indicated that the deceased's children could seek an order under section 118(6)/93 for vesting the interests in them all in equal shares subject to consents being filed within six months. Before the end of the six months, an application was received by the Maori Land Court pursuant to section 43/93. That application for a rehearing was filed by the solicitors of the beneficiaries under the will and i...

9. Ngatai-Maynard - Okahu B1A (2003) 128 Aotea MB 14 (128 AOT 14) [pdf, 790 KB]

   ...adviser, Mr John Hooker the Lessees were in breach of the Lease to the extent that remedial work was necessary costing $12,415.43. This figure is set out in Mr Hooker's report dated 24 June 1999 ("the Report"). However, in the application filed with the Court, this amount was reduced to $11,205.84. During the hearing of this matter before His Honour Judge H B Marumaru on 10 May 2000, the claim in respect of the water reticulation amounting to $4,122.00 was withdrawn, 102 Ao...

10. Nicholls v Nicholls - Estate of Wiremu Uru Nicholls (2002) 104 Hauraki MB 82 (104 H 82) [pdf, 2.9 MB]

    ...application under section 113 of Te Ture Whenua Maori Acl 1993 to determine the persons entitled to succeed to Wiremu Uru Nicholls Mr Revell for George Tama Nicholls and the children of Wiremu Uru Nicholls. Mr Webber did not appear in person but filed written submissions on behalf of Elizabeth Nicholls. Facts and issues This application was filed on 18 August 2000. Minutes pertaining to the application including those of a final hearing at Hamilton on 23 January 2002 have iss...