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1. Auckland Standards Committee v Hong [2014] NZLCDT 16 [pdf, 70 KB]

   ...on 12 June 2013. The Practitioner said that he did not receive the Committee's determination in time to attend "Equitable Remedies", declined to attend "Tricky Issues in the Life of a Lawyer", and indicated an intention to file with the Legal Complaints Review Office (LCRO) an application to review the Committee's determination. 3 6 On 14 May 2013, the NZLS confirmed that the Practitioner had paid neither the fine nor the costs that the Committee h...

2. Auckland Standards Committee v Appleby [2014] NZLCDT 34 [pdf, 57 KB]

   ...the Lawyers and Conveyancers (Trust Account) Regulations to complete and file with the Law Society a monthly certificate stating that during the relevant month the practice has complied with the Regulations. The certificates that the respondent filed were not correct in that the firm’s trust account had not been correctly reconciled arising from inadequate record keeping. [14] The respondent has admitted responsibility for the failings that are detailed in this judgment and in...

3. LV v VJ LCRO 81 / 2011 (6 September 2011) [pdf, 86 KB]

   ...under which the niece had been permitted access to the deceased’s property in June 2010, including the Applicant’s giving permission for the Practitioner’s office to release the house key to her. [11] The Practitioner referred to his file note of 24 May recording his telephone conversation with the co-executor who advised him that the Applicant had taken all he wanted from the house and that the family had taken a keepsake. He further wrote that the Applicant had collecte...

4. Turner v Auckland Council [2012] NZWHT Auckland 50 [pdf, 97 KB]

   ...have applied for costs against Capstone which has been placed in liquidation. The liquidator, Digby Noyce, has consented to the Tribunal determining the application in accordance with s 248(1)(c)(i) of the Companies Act 1993. Mr Noyce has also filed a pro-forma opposition to an award of costs being made against Capstone in reliance upon “the applicable common law principles that regulate the Tribunal’s approach to awarding costs.” ISSUES [3] The issues are:-...

5. 2017 NZSSAA 042 (24 July 2017) [pdf, 107 KB]

   ...(US$1591.00 per month) from her New Zealand Superannuation (NZS) entitlement. As Mr XXXX’s payments exceed NZS, Ms XXXX is left with a nil entitlement. [2] This decision was upheld by a Benefits Review Committee on 24 June 2015 and Ms XXXX filed her appeal on 26 July 2015. Her appeal originally included the Ministry’s decision to establish an overpayment of NZS of $1,658.14 however the Ministry reversed its decision and wrote off this overpayment under s 86(9A) of the...

6. Edwards v Capital and Coast DHB (Application for Non-Publication Orders) [2016] NZHRRT 19 [pdf, 53 KB]

   ...any website pending determination of the application. [3] By email dated 22 April 2016 the first plaintiff gave notice she and the second plaintiff would be seeking suppression orders and a formal application would follow. Such application was filed on 3 May 2016. [4] The Capital and Coast District Health Board (CCDHB) does not itself seek a non- publication order and abides the decis ion of the Tribunal in respect of the plaintiffs’ application. The application for non-publication...

7. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...(the Practitioner). [2] The circumstances surrounding the complaint were somewhat unusual in that the Applicant had her lead provider contract terminated by the Legal Services Agency (LSA) which left her in the position of having outstanding LSA files - and secondary providers (her staff members) - who she could no longer supervise as a lead provider. She sought some support from local practitioners to take over the files and staff. The Practitioner responded to her call. He wa...

8. AR v ZG LCRO 60 / 2010 (15 March 2011) [pdf, 82 KB]

   ...an account in respect of that work as a condition of releasing documents without which I could not complete a settlement relating to the Trust.” [9] The Standards Committee‟s decision summarised the issues on the basis of the material on the file, and on the basis of accepting the response of the Practitioner, exercised its discretion pursuant to section 138(2) of the Lawyers and Conveyancers 3 Act 2006 to take no further action. I note these matters in the light of the Ap...

9. Morunga - Whirinaki 3B8B1 (2008) 126 Whangarei MB 36 (126 WH 36) [pdf, 1.4 MB]

   ...life interest in the d)),p. //;ng fllv l its s(!rtinn; that Mercia will carry alit her father's wishes as to proviSIOn on the landfor others of his children and the olltstancling debt evidenced by deed dated 7 December 1999. " [3] Mercia filed a letter in SUppOtt of the application in the following tenllS: "[ am the sale owner of Whirinaki 3E8EI being 7.3855 hectares. [have had the land sllrveyed at considerable cost and it now has a separate CT nllmber. (inc/llded). [no...

10. Niao - Lot 39A Sec 2B No 2B No 2A Parish of Matatā (2017) 163 Waiariki MB 22 (163 WAR 22) [pdf, 168 KB]

    ...land. There are 138 beneficial owners. The land was vested in an ahu whenua trust on 4 April 2002. The current trustees are Edward Lanham, John Savage, Huia Pacey, Samuel Barns, Lawrence Niao and Regina Rentoul. 1 [5] On 24 March 2016 Mr Niao filed an application per s 45 of Te Ture Whenua Māori Act 1993 alleging that there was a mistake, error or omission in the presentation of the fact to the Court on 2 May 2014 where a transfer of shares from the Otonga Whānau trust to Mr P...