Search Results

1. ABV v VE LCRO 156 / 2011 (23 September 2011) [pdf, 77 KB]

   ...had failed to meet a satisfactory professional standard. [13] The parties have consented pursuant to Section 206 of the Act to this review being conducted on the papers, that is, based on all of the material provided in the Standards Committee file and information provided for the Review. Discussion [14] It is the task of this office to review decisions made by Standards Committee‟s on complaints. This involves consideration of whether the decision appears to be one that the C...

2. Retford v Auckland Standards Committee LCRO 15, 23 & 38 / 2010 (7 July 2010) [pdf, 55 KB]

   ...Committee, but rather, relied on his explanations of the conduct to support the overall submission that he had not breached the Lawyers and Conveyancers Act or any regulations under that Act. Having heard from the Practitioner and examined the file I do not consider that his review application can succeed on any of the above grounds. He has not established any basis upon 5 which it would be appropriate to revisit the determination of the Standards Committee to prosecute this...

3. T v G LCRO 29 / 2009 (21 April 2009) - Penalty and Costs [pdf, 18 KB]

   ...application was declined but an extension until 29 May 2009 was granted. No submissions from Lawyer G have been received and therefore I am considering the appropriate orders on the basis of the information available to me from the Standards Committee file and the material submitted in the conduct of the review. [3] The facts that gave rise to the finding of unsatisfactory conduct have been traversed in the earlier decision and need not be repeated in detail. In that decision I foun...

4. Cambridge v Whitehaven LCRO 122 / 2009 (4 September 2009) [pdf, 85 KB]

   ...was received and processed by the registry of this office on 30 July. [7] This set of facts requires me to decide when the application was “lodged” in light of the fact that postal application is accepted. The term lodged is better suited to filing in-person in which case there can be little doubt as to timing. If an applicant uses the postal system the onus must be on him or her to ensure that it arrives within the prescribed time limits. An application will be lodged when, in...

5. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 22 [pdf, 115 KB]

   ...to bad faith on the part of Mr Allen. The actual costs being sought are $36,601.85 or alternatively, if the Tribunal is of the opinion that they are more appropriately awarded in accordance with the High Court scale, $24,418.25. Mr Allen has filed no opposition to the application. RELEVANT PRINCIPLES [2] The application for costs is made under s 91(1)(b) of the Weathertight Homes Resolution Services Act 2006. Section 91 provides: 91 Costs of adjudication proceeding...

6. 2017 NZSSAA 028 (16 June 2017) [pdf, 146 KB]

   ...Pezaro - Deputy Chair K Williams - Member C Joe - Member Hearing at AUCKLAND on 17 February 2017 Appearances XXXX – appellant in person N Jaura – for the Ministry of Social Development DECISION Background [1] XXXX and XXXX have filed a joint appeal against the decision of a Benefits Review Committee on 22 July 2016 to establish and seek recovery of an overpayment of Non-beneficiary Accommodation Supplement (NBAS) paid for the period 20 April 2015 to 8 November...

7. Moeau - Hinewhaki West or 2 Sec 39C1 (2009) 223 Aotea MB 250 (223 AOT 250) [pdf, 146 KB]

   ...to be given to one or more of the preferred classes of alieness. [23] In my view the requirements of the Act have been satisfied. [24] The Court makes orders pursuant to Te Ture Whenua Maori Act 1993: a) Section 158 dispensing with the need to file a special valuation; and b) Section 164 vesting all the interest of John Moeau in Hinewhaki West or 2 Sec.39Cl in Stuart Bennett Moanaroa Williams by way of gift. ,.., Pronounced in open Court at 1. ~o .am!pm in Wellington on the 2 ~. 2...

8. Mohi v Janson - Rotopounamu 2B3A (2009) 204 Napier MB 257 (204 NA 257) [pdf, 196 KB]

   ...Registrar General of Land so they could acquire ownership of Rotopounamu 2B3A through adverse possession. [4] The matter was then heard on 2 October 2008 (198 Napier MB 118-124) before Acting Chief Judge Isaac who allowed the Jansons two weeks to file submissions in relation to the issue of Crown land and Ms BeIinett (acting for the 204 Napier MS 258 applicants in this matter) two weeks to respond. It was at this hearing that serious doubts were raised by the Court as to the mer...

9. [2017] NZEnvC 163 Canterbury Landscape Supplies Ltd v Canterbury Regional Council [pdf, 1.1 MB]

   ...Director of CLS, dated 31 August 2017 and the affidavit of Mr B A Loe, a planner, dated 29 August 2017. [7] On 4 September 2017, the Registrar issued an acknowledgement letter including initial directions for any notice of opposition and replies to be filed. [8] The Registrar subsequently received notice of opposition from the CRC dated 8 September 2017 and a supporting affidavit of N J Dougherty, a senior incident reporting officer for the CRC, also dated 8 September 2017. The cour...

10. BORA Summary Proceedings Amendment Bill (No 2) [pdf, 288 KB]

    ...Casey Crown Counsel Footnotes: 1. Police v Selwen (CRI2010-019-3388, District Court at Hamilton, 21 June 2010). His Honour considered that this was a case of clear drafting error and held the conviction validly entered. An appeal has been filed but not yet heard. 2. There is doubt about whether this measure is necessary, in terms of whether the convictions would in any event be upheld as valid. 3. Rishworth et al The New Zealand Bill of Rights (Oxford University Press, 2003)...