Search Results

1. BD v EG LCRO 374/2013 & 376/2013 (30 November 2015) [pdf, 67 KB]

   ...settlement of the sale to proceed and in full and final settlement of all claims by her, both for herself and her children against the family trust, the trust property and financially against Mr BD and Mr KN, including withdrawal of the proposed claim filed against them as trustees, but not yet formally served. This letter records agreement of the parties in particular that Mrs BD has accepted that offer and this acceptance has been communicated via Mr FI after Mr FI has fully advised...

2. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...will be in a given estate due to the number of unforeseen matters which may arise during the course of administering an estate. [37] The Committee did not conduct any investigation into the fees charged by Ms JR by requesting her time sheets or files and the only reference to fees in the Committee’s decision related to the fees incurred by Ms KB in instructing [Doctor]. [38] Ms KB referred to items in Ms JR’s account dated 27 June 2012 which related to settlement of the unit,...

3. Geldenhuys v C Yap [2013] NZIACDT 42 (15 July 2013) [pdf, 141 KB]

   ...the total sanctions. [63] Ms Yap is not the only person holding a licence in her practice. Accordingly the cancellation of her licence will not be deferred to allow her to put her practice in order; there are others who can take over the active files she has. 8 Compensation and refund of fees [64] It has been a longstanding criticism of some professional disciplinary processes that they do not include jurisdiction to require a professional who is at fault to compensat...

4. LQ v VN LCRO 43 / 2011 (3 May 2012) [pdf, 107 KB]

   ...would have been able to apply for costs against VN. Section 215 of the Lawyers and Conveyancers Act 2006 provides that for the purpose of enforcing any Order of the LCRO for the payment of costs and expenses or both, a duplicate of the Order may be filed in the office of the Court named in the Order and thereupon becomes enforceable in all respects as a final judgement. [46] Section 215 does not apply to an Order for compensation. However, this does not preclude ordinary proceedings...

5. VW v AR LCRO 110 / 2012 (12 December 2012) [pdf, 146 KB]

   ...is some confusion in the papers as to the exact date of this telephone call. In his submissions to the Standards Committee, the Practitioner indicates that the call was received on 20 January. However the attached contemporaneous handwritten file note of that call seems to be dated 29 January. In the Practitioner’s letter to the Applicant dated 22 August 2011, he refers to 29 January as the date on which he received instructions that the first agreement had been “canned”....

6. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...obligations on local government. PCRs and CMT each mean some additional resource consent, planning and monitoring obligations for local government. These obligations primarily fall with regional councils. All applications for PCRs and CMT must be filed no later than six years after the commencement of the Act (sections 95(2) and 100(2)). This provides local authorities with certainty over the extent of applications within their areas and their responsibilities. A number of conseque...

7. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...ZEALAND LIMITED First Defendant AND CHEUNG, SHORT, VERRY LIMITED (FORMERLY PRI FLIGHT CATERING LIMITED) Second Defendant AND TERRY WILLIAM HAY ALSO KNOWN AS TERRY HAY Third Defendant Hearing: (on the documents filed 2, 16 and 21 March 2018) Representation: K Wendt, counsel for plaintiff C Meechan QC and J Douglas, counsel for first defendant D France, counsel for second defendant N Scampion, counsel for third defendant D France,...

8. 2017 NZSSAA 064 (9 November 2017) [pdf, 244 KB]

   ...years, payable at half the married rate. [56] The appeal is upheld. [57] The Authority reserves leave for either party to apply if any quantification of entitlement is required. Costs [58] If the Appellant seeks an order for costs, he should file a memorandum with the Authority setting out his claim, and serve a copy on the Ministry. The Ministry may provide a reply. [59] The Authority notes that the usual principle is that a self-represented litigant cannot recover costs for...

9. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   ...Matatā and Lot 39A Sec. 2B No. 2B No. 2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59). 4 176 Waiariki MB 226 (176 WAR 226). 5 176 Waiariki MB 226 (176 WAR 226). 2018 Māori Appellate Court MB 480 marked ‘A’ filed in support of the application to Rae Beverly Adlam in favour of the trustees of Matata Parish 39A 2A Ahu Whenua Trust. The argument for Ms Adlam [7] Ms Van, counsel for Ms Adlam, argues that Ms Adlam’s interests are as a discreti...

10. Applicant's upddate on position on section 274 party topics [pdf, 438 KB]

    ...response to the concerns raised. No change. Construction Effects / Management Plans Use of management plans generally VHHL (#33) Kiwi Property Group Limited (#71) (Kiwi has not filed evidence on this sub-topic. VHHL supports the conditions now proposed)  Concerns regarding reliance on management plans  Draft Construction Management Plans were circulated to Council and all submitters for comments o...