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1. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will appoint technical experts; 36.3. There will be a three-week deadline on all participants following filing to supply the tribunal with relevant documentation to ensure a fast resolution; 36.4. The tribunal will be made up of senior members of the legal profession and be up and running as soon as possible in 2018. 37. In line with these c...

2. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...he and Mrs HR telephoned Mr OS to make that request. [17] He stated Mr OS had not had “contact” with Mrs C since 2011 when he prepared the second codicil to Mrs C’s will. He said because Mr OS did not remember Mrs C he had retrieved her file and proceeded to ask questions “to refresh his memory”. [18] He said on 8 November 2016, Mr OS forwarded to Mrs HR by email: (a) a “[s]uggested will”; (b) a “covering letter” from Mr OS to Mrs C; and 4 (c) Mr OS’s...

3. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...Police over claims of forgery against the trustees. Having heard from the parties, I adjourned the conference to issue written directions. [11] I then directed that the four removal applications be adjourned until the outcome of the complaint filed by Mr Donnelly was known. Once that occurred the applications would be reactivated and the filing of documents would follow within the timeframes outlined. I noted Josephine Tangihaere was appointed treasurer by the trustees and that...

4. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...into and a response would follow”, (b) the intervening Easter holiday period, and (c) AJ, having obtained independent advice, had instructed another lawyer in the firm to attend to settlement on 30 April. Application for review [24] AJ filed an application for review on 10 January 2020. She asks that a “clear and strong message” be sent to lawyers that (a) “basic competence in fulfilling a client’s brief”, and (b) acting in a timely manner, is “not optional”....

5. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [pdf, 239 KB]

   ...RE’s conduct unsatisfactory, imposed no consequences. This would tend to indicate that it saw her role as more an instrument in the communications in question, than instrumental in them 10 Application for review [31] Both Mr HC and Ms RE filed applications for review received on 24 March 2017. Expressed simply, the outcome sought by each is that the respective findings of unsatisfactory conduct be set aside. [32] In terms which largely mirror those he made at the complaint...

6. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will appoint technical experts; 36.3. There will be a three-week deadline on all participants following filing to supply the tribunal with relevant documentation to ensure a fast resolution; 36.4. The tribunal will be made up of senior members of the legal profession and be up and running as soon as possible in 2018. 37. In line with these c...

7. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

   ...Justice relies on cooperation for access to official documents, and on an applicant’s current and previous lawyers for information about the case and how it was handled. Witness interviews are undertaken with their consent and the provision of court files is at judicial discretion. 94. While the lack of statutory information-gathering powers has not proved an obstacle in practice, relying on cooperation alone can cause delays. For example, there may be competing priorities for the bod...

8. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...company as transferee to effect registration. [13] Mr QX informed (by letter) Mr RY on 12 March 2019 he had been removed as a trustee. [14] Mr RY did not accept that position. VF and OZ say Mr RY subsequently, and without their authority, filed the trust’s 2018 income and GST tax returns, refused to hand over the trust’s files to the trust’s new accountants, in May/June 2019 informed of the trust’s bank he disputed his removal, and lodged caveats against the titles to t...

9. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...business was not unduly compromised. This is reflected in the diminishing business bottom line … [13] In its reply dated 10 February 2017, the respondent wrote: The client was entitled to weekly compensation based on his 2013 tax return. His filed 2013 tax return included income from partnership of $38,618 being a 50% share of the income from the partnership he operated with his wife. At the date of incapacity the client was a shareholder-employee in Paul Crockford Builders L...

10. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

    ...the decision of the Court. [3] Silver Fern Farms’ position is that Mr Adams does not satisfy the criteria under the Accident Compensation Act 2001 (the Act) for grant of cover. Post-hearing [4] At hearing, the Court requested the parties file an addendum to the agreed statement of facts and issues to clarify: [i] the extent to which Mr Adams' prior 19 September 2017 claim (“the 2017 claim”) and related suspension decision (“the suspension”) were relevant to the is...