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1. Waikato Bay of Plenty Standards Committee v Giddens [2014] NZLCDT 40 [pdf, 39 KB]

   ...2 DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Introduction [1] This decision records the outcome of a penalty hearing in relation to one charge faced by the practitioner. [2] The charge was filed on 4 September 2013 and was admitted by the practitioner in his response dated 30 September 2013. [3] The practitioner resides in Australia and during a telephone conference various means of ensuring his participation in the hearing were...

2. Fehling v NZ Post (Referral back to Human Rights Commission) [2013] NZHRRT 1 [pdf, 52 KB]

   ...of New Zealand Post Limited (New Zealand Post) requests that this matter be referred back to the Human Rights Commission under s 92D of the Human Rights Act 1993. The application is opposed by Mr Fehling. Background [2] No evidence has yet been filed. The background, as understood by New Zealand Post, is helpfully set out in the statement of reply at paragraph 7. A paraphrase follows. [2.1] Mr Fehling currently lives in a vehicle in Hari Hari, South Westland, but is of no fixed abo...

3. Auckland Standards Committee v Ram [2011] NZLCDT 32 [pdf, 82 KB]

   ...status as a person entitled to practise on own account. (d) Charge 4 alleged that his responses to a judge on certain questions regarding security for costs were misleading. [2] In his formal response to the charges and affidavit in defence filed with the Tribunal, Mr Ram denied all of the charges. The charges were set down for a defended hearing over two days, 16 and 17 November 2011. [3] By a joint memorandum of 9 November 2011, the parties proposed a means of disposing o...

4. Denee [2011] NZLCDT 6 [pdf, 74 KB]

   ...the testator within a period of less than five years. All of the changes related to minor dispositions to friends or relatives. The disposition to the practitioners remained the same throughout. There is no evidence from the practitioner’s files to suggest why the disposition was being made to her lawyers. However Mr Denee recounts how the relationship had become cordial over the years, that the late Ms T would ask about his children and their progress and often bring small gi...

5. Application consent to employ re Hancock [2012] NZLCDT 3 [pdf, 110 KB]

   ...might be struck off but rather that a suspension or some other sanction was seen as more likely. [7] From the time that they took over the practice, Messrs McDonald and Brummer employed Mr Hancock as a law clerk and he largely looked after his own files under their supervision and with very different work practices imposed upon him. Mr Hancock had been in the habit in his own practice of working very long hours without good structure or administrative or collegial support. [8]...

6. Wellington Standards Committee v Nalder [2015] NZLCDT 5 [pdf, 142 KB]

   ...by consent at the request of the Standards Committee and differs considerably from the original which alleged that the respondent had made a copy and shown it to Mr W Jnr. This particular was amended after rebuttal evidence in this regard was filed by the respondent from two deponents in addition to her own evidence, that no copy had ever been made. The original reflected incorrect information provided to the Standards Committee by the complainant. The Standards Committee chose t...

7. Sigley - Te Tii (Waitangi) B3 Trust (2014) 80 Taitokerau MB 233 (80 TTK 233) [pdf, 99 KB]

   ...whānau representatives nominated by whānau tupuna and properly notified to the trustees as set out in accordance with paragraph 15 [sic - this should be a reference to clause 14]. [15] In addition to those who gave evidence in Court, Leon Penney filed a memorandum explaining how he had addressed the challenges to the TWRs and the block vote. In terms of the first issue, he considered that the decision to invoke clause 14.7 was far from desirable, but he decided to take a conserva...

8. GJ v TW LCRO 205 / 2011 (14 December 2011) [pdf, 80 KB]

   ...unaware B was represented by the Respondent in his personal capacity, his client, C, having informed the Applicant that her previous lawyer had not heard back from the Respondent. At the time he wrote to B the Applicant had not received C’s file from her former lawyer, and claimed to be acting on the instructions of his client. I put it to the Applicant that it was no answer to an alleged breach of a professional rule that the client had instructed the action. [9] The fact t...

9. Miller-Hard v Stewart [pdf, 52 KB]

   ...who had been struck out, had been received by Weathertight Homes Resolution Services. In paragraph 1.18, I set down a timetable for submissions in response and in reply to these two applications. This timetable required all submissions to be filed by 11 May 2004. After encountering some delays, this date was extended to 20 May 2004. 1.3 In this Supplementary Determination I will consider the applications for costs against the Claimant from the following parties: (a) Geoffrey...

10. Rameka v Hall - Opepe Farm Trust [2012] Māori Appellate Court MB 167 (2012 APPEAL 167) [pdf, 134 KB]

    ...litigation amongst themselves. The litigation has involved accusations of trustee inaction, mismanagement, and breach of trust. [2] On 25 October 2011 we dismissed an appeal by the appellants against their removal as trustees. [3] The respondent filed a memorandum dated 10 November 2011 seeking costs. The respondent states that costs of $21,000.00 have been incurred in respect of the appeal and they seek costs “... at close to an indemnity basis”. [4] The appellants’ memo...