Search Results

1. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...convictions involved dishonesty, she is prohibited from being licensed under the Act for 10 years from 14 May 2013 by virtue of s.37(1)(a) of the Act. We understand that she let her licence lapse on 8 August 2011. [5] In so far as the defendant has filed an appeal against the Committee’s decision to lay a charge against her, that appeal need not be decided as we have heard the case and find the charge proved. The Charge [6] The charge laid by the Authority against the defendant o...

2. Greenwood v REAA & Leaders Bay Cities Ltd [2012] NZREADT 14 [pdf, 181 KB]

   ...failure by Leaders Bay Cities in the way in which it carried its work for the Greenwoods? (iii) If so was this failure which is sufficiently serious to amount to professional misconduct or unsatisfactory misconduct? [16] Submissions were filed on behalf of the appellants by counsel and on behalf of the second respondent by their solicitor and it was supplemented by submissions from the 5 parties themselves. Mr Bigio for the Greenwoods submitted that the conduct of Lea...

3. Legal aid CPAI categories consultation response [pdf, 288 KB]

   ...already been appointed, a first lawyer representing the client at the second appearance would need to seek an extension of time to enter an election. They stated the first lawyer’s claim should be prepared and cover work up to the point at which the file is in the second lawyer’s possession. 23. NZLS expressed a concern around the proposal to assign a PC-4 equivalent lawyer to a case that is a third strike offence. They noted the potential to slow proceedings in smaller courts...

4. Application for approval to provide legal aid services [pdf, 680 KB]

   ...processes and systems in place to: • Manage client service requirements and expectations • Manage scheduling conflicts • Manage complaints • Manage conflicts of interest • Invoice your time accurately • Maintain accurate client files. MOJ0052.1-June13_ApplicAtion for ApprovAl to provide legAl Aid ServiceS Page 6 / 9 if you are an existing legal aid provider, and there have not been any changes to your Service delivery Systems, except those included in section 1 of...

5. avie v CAC 20002 & Goradia [2014] NZREADT 53 [pdf, 44 KB]

   ...it had deferred making a decision on publication. At that point the licensee was made aware of the possibility of publication. In the later penalty decision, the Committee stated that the Authority would publish the decision after the period for filing an appeal had ended unless an application for an order preventing publication had been made to us as part of the appeal. No application was made. [35] In any event, the licensee has provided no grounds which would have supported an a...

6. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

   ...Conveyancers Act”, and pursuant to section 152(2)(a) of the Act determined that the matter be considered by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. [9] FT has applied for a review of that decision. [10] 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...

7. Grangemouth Family Trust v Weston and Perthshire LCRO 42 / 2010 (27 May 2010) [pdf, 106 KB]

   ...The Practitioner continued “. . . as we understand it your queries were covered in our letter of 10 September 2008”, and added some further information which they understood may have been overlooked. [7] The next correspondence on the file is a letter by the Practitioners dated 2 December 2008, noting that the easement instrument had been signed, and “We further acknowledge your advice that you will release the document upon our undertaking to pay your costs. We understa...

8. Maidenhead v Margate LCRO 108 / 2010 (28 October 2010) [pdf, 86 KB]

   ...been missed, the heat went out of the requirement to settle. [29] The Applicant’s complaint is that the cause of the missed deadline was the fact that the Practitioner went on leave without making proper arrangements for handing over of his file. [30] It is my assessment however that the same scenario would have unfolded, whether the Practitioner was there or not. He had not been included in the dealings with the bank and had not received any communication from the Applicant as...

9. Powell Holdings Limited v Greening [2013] NZWHT Auckland 27 [pdf, 92 KB]

   ...that it did not become a point of water ingress. [29] After receiving the report, the claimants contacted the Council concerning its contents. Craig Young, stated in an email that he did this because he had hoped the Council may have had on file some record of a weatherproofing detail around the cantilevered joists as the “report had indicated some concern over ongoing weathertightness”. The Council’s response was a letter to Megan Powell, from the Council’s building...

10. Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) [pdf, 266 KB]

    ...intending to provide suitable emergency affordable housing accommodation to be situated on the Kōkōhinau block. [2] To assist with the development of this project, an application to cancel a roadway order made on 18 November 1969 was recently filed. They say the roadway has never been used and, for all practical purposes, is simply a paper road. The applicants state that, instead, the former roadway laid out in 1955 continues to be utilised. At the hearing held on 18 December 2...