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1. FT v NSC LCRO 259 / 2010 (21 October 2011) [pdf, 90 KB]

   ...Committee, UQ, related to both matters. As a result, large portions of my decision in that matter are relevant to this decision and for the sake of completeness I will incorporate those parts in full into this decision. [8] In submissions filed by FT prior to the hearing, he stated that he had but one submission, namely that the LCRO either “rule that it is perfectly acceptable in a purported Western democratic society that I can potentially be disbarred for misconduct (as I...

2. Kettering v Biggleswade LCRO 212 / 2009 (19 March 2010) [pdf, 94 KB]

   ...otherwise directs, and further provides that a person may make written, but not oral, submissions. [7] The Applicant has not suggested that he was unaware of the complaint or that he did not have an opportunity to respond. The Standards Committee file shows that the Applicant had been given all of the information that was considered by the Committee, given a full opportunity to answer the complaint and that his responses were received and considered by the Committee. Having revi...

3. Portsoy v Riding LCRO 55 / 2010 (4 August 2010) [pdf, 95 KB]

   ...parties consented to the review being determined on the papers, that is, on the basis of such information, records, reports, or documents as are available to me and without the parties appearing in person. This comprised of the Standards Committee file and all information provided by the parties for the review. Considerations [11] I have considered all of the information that was provided to the Standards Committee, and for this review. The information included the Settlemen...

4. CA v BD LCRO 31/2012 (5 December 2014) [pdf, 45 KB]

   ...specifically asked for the work to be completed by 23 December, at which point one of the other parties’ lawyers was due to leave the firm, and that party either wanted the work to be complete by then, or be able to instruct her lawyer to transition her file to another lawyer. [35] BD says she was formally instructed in early December 2010 to provide the franchise agreement to the other parties’ solicitors by Christmas, and that she provided a draft accordingly. [36] The Committee...

5. Milne & Ors v Kapiti Coast District Council & Ors [2014] NZWHT Auckland 1 [pdf, 98 KB]

   ...liability, the Council did not apply to have the company, PRL, removed from the claim. Instead it applied to join David and Benjamin Clisby joined as partners of Clisby Partners. Again, the Council named the wrong party. [16] In a memorandum filed with the Tribunal dated 18 November 2013, the Council stated that “depending on when the roofing work was undertaken, it may be that the earlier partnership is the appropriate party”. [17] In its pre-mediation response to...

6. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...expert, Barry Gill. Mr Gill commented that the inadequately formed kick outs to the end of the apron flashings was the most damaging defect at the house. [13] As noted above, the original construction work was limitation barred. The Austins filed a claim in the Tribunal against three parties allegedly involved in failed remedial work. These were Mr Houghton, Mr Chibnall, an architect, and Mr Brodie, a plasterer. The insurer of Ikotec and/or Mr Houghton, Vero Insurance New...

7. 2017 NZSSAA 034 (4 July 2017) [pdf, 115 KB]

   ...calculations we accept that these are correct for each appellant. Is it fair and equitable for the Ministry to recover the overpayments? [27] Mr XXXX states that he understood that he was required to report his income but says he met his obligations by filing his tax returns with IRD because there is information sharing between IRD and the Ministry. He referred to media statements by the Minister for Social Development and the Minister of Revenue on information sharing with MSD in...

8. Bidois - Estate of Hikairo Paul (2016) 152 Waiariki MB 298 (152 WAR 298) [pdf, 341 KB]

   ...Maori land interests absolutely per s 108(2) ofTe Ture Whenua Maori Act 1993 and clause 2.0 ofHikairo Paul's Will or whether the entire Will fails and the provisions for intestacy apply. [4] I subsequently directed that the Deputy Registrar file an application for the matter to be reheard. The rehearing took place on 3 November 2016. Submissions for Carol Kararaina Bidois [5] Ms Bidois advised that it was Hikairo Paul's wish that she have a life interest and be able to s...

9. Appellant v The Real Estate Agents Authority (CAC 410) & Geoffrey Twigden [2017] NZREADT 79 [pdf, 236 KB]

   ...10 See O v Complaints Assessment Committee (CAC 10028) [2011] NZREADT 15, at [48]. [36] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____________________ Hon P J Andrews Ch...

10. CAC 306 v White [2016] NZREADT 38 [pdf, 154 KB]

    ...paragraph 3 above, prior to the sale of the property, and chose to withhold disclosure of those problems from the Complainants.” The hearing [14] Ms Phillips, Ms White, and Mr Miller confirmed their evidence as set out in statements of evidence filed before the hearing. The evidence of two witnesses called by Ms White was taken as read. The essence of the evidence is encapsulated in the background summary set out above. Cross examination focussed on whether Ms Phillips and M...