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1. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...reported that there was no error made when the order was completed and recommended the application be dismissed. If an objection was received then it was recommended that the application be set down for hearing. [7] On 17 December 2012 the applicant filed an objection and the matter was set down for hearing in Hastings on 4 April 2013 at which time submissions were presented by Mr Bloor on behalf of the applicant, and from Te Rina and Elizabeth Hawea as trustees of the Nikora Whān...

2. Mr O v CAC 10028 & Mrs T - Sanitised [2011] NZREADT 2 [pdf, 172 KB]

   ...unsatisfactory conduct. [8] The CAC then decided to censure the appellant and directed that the decision be published “in the interest of ensuring the disciplinary process remains transparent, independent and effective”. Appeal [9] The appellant filed a Notice of Appeal from the determination of the CAC on 13 December 2010 setting out extensive grounds which are not relevant to this application and which will be heard by this Tribunal on 7 June 2011. Relevant Law [10] It...

3. Auckland Standards Committee v Murray [2015] NZLCDT 6 [pdf, 142 KB]

   ...and almost one year after the charges were laid), we do not place much weight on the approach taken. We accept that it took some time for Ms Murray to engage legal counsel and that she ought not to be particularly penalised for her lateness in filing a formal response to the charges. [20] However we do note that, while conducting the proceedings in person, she showed, once again, a significant ethical blind spot. This occurred on the occasion when she invited the prisoner, Liam...

4. FITZGERALD Kelly Marie (CSU 2009 ROT 000369) [pdf, 98 KB]

   ...Evans in the 1999 case of Lee Hazel Jean Latta (1) In this case there was no report in a timely manner of a presumed death to the Coroner and it meant for 50 years the family had no death certificate and by that time the Police missing persons file had become destroyed. [36] A Coroner’s discretion is wide and is not bound by the rules of evidence because of the Inquisitorial Nature of the Coroner’s Court. The standard of truth required is the balance probabilities having re...

5. CAC 20005 v Drever [2014] NZREADT 101 [pdf, 40 KB]

   ...Act”) as now charged and on the basis of the summary of facts set out above as part of the amended charge. [4] We had absorbed the quite detailed briefs of the proposed witnesses for each party, and the detailed and helpful opening submissions, filed prior to the change in plea. The initial charges had relied on s.73(a) of the Act rather than s.73(b) as now pleaded. [5] Accordingly, the hearing before us focused on penalty. The Stance of the Prosecution [6] The complainant, M...

6. ENVC Matiatia party corresp costs Lewis and Greve 20160121 [pdf, 241 KB]

   ...Ms Lewis and Mr Greve were represented at the First and Third Hearing, and did not actively participate in the Second Hearing (supporting DMI’s position but not seeking to be heard).14 Legal counsel was engaged in September 2014 following the filing of s 274 notices and the exchange of evidence. The invoices in Appendix A relate to preparation for, and attendances at, the First and Third Hearings. No costs were incurred in relation to the Second Hearing. 22. Ms Lewis and Mr...

7. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...respondents made submissions. SUBSTANTIAL MERIT Limitation [8] The claimant was put on notice that there would be a defence based on limitation in November 2005 when an application was made to Adjudicator Green to strike out the claim filed under the 2002 Act. The application was declined after submissions that a full factual assessment required a hearing. No new material was provided at this hearing. [9] Limitation was part of the pleadings and the respondents de...

8. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...[1] In 1998 Hing Lee had a house built on a section she owned at 23 Derry Hill. Unfortunately the house leaked from shortly after Mrs Lee and her family moved in. After the house was remediated Mrs Lee filed a claim against the Wellington City Council and Gary Koornneef. [2] Mrs Lee settled with the Council at mediation and now seeks $123,006.57, the balance of the remedial costs, together with general damages of $25,000.00 from Mr Ko

9. XI v North Island Standards Committee LCRO 77 / 2013 (5 July 2013) [pdf, 111 KB]

   ...the settlement amount of €150,000.00) was a fair and reasonable fee having regard to RCCC Rules 9 and 9.1.” The Notice then included the same generic matters as had been set out in the earlier Notice of Hearing. [9] On 18 March 2013 Mr XI filed an Application for Review with this Office. That application was accompanied by a memorandum of supporting reasons. The relief sought in the application was the setting aside of the Notice of Hearing of 20 February 2013 and an “[i]n...

10. LCRO 340/2013 NL v HC [pdf, 146 KB]

    ...hands-on supervision … • …Any supervision in these circumstances was merely to ensure correct office and legal procedures were being undertaken … • … It also involved a collaboration and exchange of ideas and information on particular files as issues arose… There can be no issue taken with any of these statements.. [15] In discussing the duty of a lawyer in practice on his or her own account to supervise, the authors of the text Ethics, Professional Responsibility an...