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1. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

   ...amount sought to $72,000. In addition to fees, the Variation Application also sought provision to enable payment by the Trust of Accident Compensation levies and associated expenses of the trustees. Then on 23 October 2002 T e Kiriwera Mitchell filed an application, apparently pursuant to sections 67 and 244 of the Act, seeking directions and a variation to the Trust Order ("the Directions Application"). Following that on 28 April 2003 counsel for Ms Mitchell then filed a fo...

2. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...$65,000 dollars (assuming lowest value as firewood and not for potential higher value purposes). Financial Inquiry and Investigation [7] On 20 October 2014 I appointed Mr Steve Bennett (accountant) to investigate and report. 1 [8] Mr Bennett filed his report in April 2015. The following is his summary of findings: 1. Misuse of funds: The bank concluded that there were 88 cheques with incorrect signatures with a total value of $18,288.30. This money was refunded by the...

3. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

   ...make orders appointing the trustees, recommending that the purposes of the reservation be redefined, and adjourning the application pending the naming of the two trustees to represent the Smith whanau and Borell whanau. [4] Mr Kiritoha Tangitu filed an application for re-hearing out of time. The Court agreed to rehear the matter for the reasons given at 74 Tauranga Minute Book 126. The re-hearing took place on the 11th October 2004. As the re-hearing was of Rapata Leers application he...

4. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

   ...the hapu to file their own applications for restricting access. As noted above, Judge Hingston then dismissed the Livesey application by consent. (See 71 Opotiki MB 8-15 (5 May 1997» THE CURRENT APPLICATION On 20 June 2001, Mr Edward Matchitt filed an application under section 318(2)/93 to limit the class of persons entitled to use Parekura Hei Road to the Maori owners on the grounds that: Minute Book: 81 OPO 181 "A sub-division has occurred off Parekura Hei Road. Consent to...

5. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

   ...position irrespective of whether the firm, or another firm, acted on that sale. Any “suggestion that Ms AC was disadvantaged in terms” of the sale of the property was “unsustainable”. Application for review [39] Ms AC, again by her attorney, filed her application for a review of the Committee’s decision in this Office on 2 August 2017. She says she “dismiss[es]”, and requests “a full review of the Committee’s findings”. (1) Conflict of duties [40] She says w...

6. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...documents were referred to in the agreement and Mr YA says Mr MK prepared them. 3 [9] It is understood that Mr MK advised both parties to immediately instruct other lawyers. [10] The next day, Ms RO went to Mr MK’s office and uplifted a file from him. Mr YA later said that the file had included originals of the documents he and Ms RO had signed the previous day. [11] Mr YA sought independent advice from Mr SV. Mr YA’s case for avoiding the agreement could have been...

7. LCRO 43/2019 KD v MX (19 February 2021) [pdf, 223 KB]

   ...… 27. It is Ms QY’s instructions and evidence (before Family Court) that Mr KD has continued to harass her, follow her and intimidate her, and that the children are resisting contact with their father; hence part of the reasons why Ms QY filed new urgent without notice applications on 20 July 2018. … 29. On one … occasion when Ms QY was confronted at her front door, and the children were present, my client instructs that Mr KD was not interested in greeting the child. T

8. Hohepa v Banks - Waima C30A [2019] Māori Appellate Court MB 629 (2019 APPEAL 629) [pdf, 442 KB]

   ...“bach”. This evidence was subsequently confirmed and clarified in a written brief of evidence.1 Following the filing of this written brief, counsel for the Trust indicated that he did not wish to cross-examine this evidence, and instead he filed a brief of evidence from Desmond Pouri Warmington dated 19 August 2019. This brief confirmed that the bach would have been uninhabitable when it was demolished by Pihema Hohepa shortly before he built on the land. Counsel for Hiwi Hohe...

9. LCRO 135/2018 UQ v VF (26 May 2019) [pdf, 286 KB]

   ...response delays after 14 July 2017 and, in the end, failure to respond at all to the 19 November 2017 email, the Committee does not appear to have specifically focused on those matters. I shall do so below. Application for review [40] Mr UQ alone filed an application for review on 23 July 2018. It is important to detail the outcome sought because it is an unusual one to find in the disciplinary context. [41] As broadly described by Mr UQ, the outcome sought is that “we want to...

10. LCRO 189/2019 RT v AC (30 November 2020) [pdf, 248 KB]

    ...fee, but he did not attend at the arranged time. [15] Following that, Mr RT received an email from Mr JG, a partner of the firm [Law Firm AB], advising that he had been instructed by the ACs to act on the sale, and requesting to uplift the file. [16] By that stage Mr RT had set up the Landonline e-dealing in preparation for settlement of the sale and transfer of the title to the new owners. [17] Following termination of his instructions, Mr RT rendered his account – $5,950...