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1. Chand v Ahuja [2015] NZIACDT 104 (21 December 2015) [pdf, 173 KB]

   ...what Mr Ahuja said and the Tribunal’s findings. The short point is Mr Ahuja blamed his client, to avoid responsibility. He effectively said his client broke into his office and took away the incomplete papers Mr Ahuja had signed, and his client filed the defective papers. He also claimed his clients took a file note from his office, so he could not produce it. Further, he claimed his client had not made a payment; until confronted with his own handwriting, acknowledging the payment. Afte...

2. Searancke - Lot 3 DP 427106 and part Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66) [pdf, 148 KB]

   ...Application [2] The application before the Court was lodged by Nicola Searancke. It is an application to partition Lot 3 DP 427106 and Part Pouawa 1 Subdivision 3 Lot 2 Section 7 Block, CFR 506817 which is General land. The application was filed pursuant to s 298 of Te Ture Whenua Māori Act 1993 (“the Act”). It was filed on behalf of Ingrid Searancke, Nicola Searancke, Domini Jaine Herangi Carrington, Paumea CJ Ferris, Abigail Grace Ferris, Justin Paumea William Julius Ferr...

3. ENVC Matiatia minute of the court 20140404 [pdf, 225 KB]

   ...conference on 25 February at which I made many directions after hearing various points of view on preparation for the October hearing. On 18 March the Court issued a formal Minute confirming the directions issued on 25 February. Mr Littlejohn has filed a most helpful memorandum attaching a spreadsheet identifying 4 groups of parties whose approaches to evidence he has summarised. It is my understanding that his ability to offer this helpful information has derived significantly from t...

4. ACJ v ZXV [2013] NZDT 147 (5 June 2013) [pdf, 98 KB]

   ...wheel caused by an epileptic seizure. As a result, he lost control of his vehicle, and hit a parked car belonging to ACJ. [2] The damage to ACJ’s vehicle cost approximately $3,264.20 to repair. [3] ACJ and his insurer, GF Insurance Ltd, filed a claim seeking repayment of this sum from ZXV. ZXV also filed a claim seeking a declaration that he was not liable for the costs. [4] ZXV did not dispute that the incident occurred, but defended the claim on the basis that he sh...

5. Auckland Standards Committee v Castles [2014] NZLCDT 8 [pdf, 77 KB]

   ...appearance for the respondent 2 DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL ON PENALTY [1] On 17 February the Tribunal heard submissions on penalty, having considered the comprehensive written submissions filed by Mr Katz QC on behalf of the Standards Committee (“SC”), and the supporting authorities. [2] Following submissions, personal statements were made by the complainants Mr and Mrs W. [3] Having retired to consider the order...

6. Auckland Standards Committee v Thomson [2014] NZLCDT 38 [pdf, 72 KB]

   ...facing me if I was to seek to practise law in my current condition. … My recovery is simply more important to me than anything else.” [8] He indicated that he was fully prepared to abide any decision of the Tribunal. Mr Thomson subsequently filed submissions in response to those filed by the Standards Committee in which he stated that the penalty of strike off which had been sought was “appropriate” and further “counsel for the Committee has, in my view, been moderate and...

7. CAC 20005 v Morton-Jones [2014] NZREADT 100 [pdf, 29 KB]

   ...before us, prima facie, discloses serious wrongdoing such that there is a serious risk to the public if Mr Morton-Jones remains able to continue to practise as a real estate agent pending the outcome of the charge. [13] The licensee was slow to file a response to the charges but has sent letters to our Registrar and supplied various documents. It is put by the prosecution that the rather large number of documents so filed do not address the substance of the charges faced by the defenda...

8. FD v VG LCRO 127 / 2010 (2 September 2011) [pdf, 75 KB]

   ...anything presented without question. Nor had he sent any insulting correspondence. [10] This letter was forwarded to the Applicant and further comment was invited. Some days later the Applicant contacted our office and the Case Manager’s file note records that he expressed come confusion about the Practitioner’s response, and that she referred him to his original complaints. [11] Thereafter the consent of the parties was sought for the review to be conducted on the papers...

9. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...January 2009 Complainant P asserts the decision of the Standards Committee is wrong in substance. She does not complain in respect of the process adopted by the Committee. In light of that, and in light of the fact that there is no indication on the file provided to me that the procedure of the Standards Committee was other than robust, I will consider the substantive issue only. [6] The parties have consented to this matter being considered without a formal hearing and therefore...

10. Brown v Deller [2010] NZWHT Auckland 27 [pdf, 88 KB]

    ...this Tribunal is not to be used as a process whereby “parties can be joined with the hope that something turns up, that pins them to a role in construction causing water ingress.” [8] The third respondent, Mr Russell, through his counsel filed with this Tribunal on 3 September last submissions opposing the costs application. [9] The third respondent submits that the joinder of Mr Pilcher arose out of targeted remedial works undertaken at the concerned dwelling in 200...