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1. Swain v CAC 20008 & Anor [2014] NZREADT 13 [pdf, 134 KB]

   ...terms of Rule 9.8 that would be good practice but it is Rule 9.10 which requires that the agency agreement contain “all material particulars”. [41] Mr Clancy, further submits for the Authority that that licensees are expected to keep up-to-date files, including diary and file notes, particularly of meetings where issues relating to the handling of a client’s money are discussed. We agree that competence requires this. [42] While we are only dealing with a small sum of money, ma...

2. DS v WH LCRO 163 / 2010 (16 August 2011) [pdf, 92 KB]

   ...Service dated 1 June 2010 where he stated:- I was at the Court of Appeal hearing and Mr [WF] spoke for less than five minutes and he definitely did not state manual assessments are a rare thing. I recall that at the TRA hearing it was stated that file corruption was a rare thing but nothing was said about manual assessments. I understand a transcript of the hearing in the Court of Appeal may be available to confirm that Mr [WF] said nothing about the rarity of manual assessments. Had h...

3. FF v WSC2 LCRO 23 / 2011 (27 September 2011) [pdf, 89 KB]

   ...provided that the half share of her estate which was to go to VB, was instead to be divided between the complainant‟s children and VB‟s son equally. [5] Having been advised of the proposed amendments, the Applicant resumed control of the file. He prepared a further draft of the new will following the instructions recorded by FG and the draft prepared by her. 2 [6] VC left the employ of the firm shortly thereafter, and it appears that there may have been some degree of...

4. Pahi - Estate of Lucy Williams [2014] Chief Judge's MB 476 (2014 CJ 476) [pdf, 251 KB]

   ...IN THE MATTER OF Lucy Williams also known as Lucy Kapu Welch or Lucy Kapu Pahi BETWEEN GLADY PAH! Applicant 23 October 2014 RESERVED DECISION OF CHIEF JUDGE W W ISAAC 2014 Chief Judge's MB 477 Introduction [1] This application filed by Glady Pahi ("the Applicant") pursuant to s 45 ofTe Ture Whenua Maori Act 1993 ("the Act") seeks to amend a succession order dated 30 April 2008 at 129 Waikato MB 243-244 relating to the interests of Lucy Williams a...

5. Kawiti v Kawiti - Motatau 2 Section 65A (2017) 162 Taitokerau MB 269 (162 TTK 269) [pdf, 235 KB]

   ...authorised to retain these funds by the other trustees, the trust order or the Court. This was a gross breach of trust. [23] I also find that Wynyard has failed to account for these funds. Wynyard contends he spent the funds on the farm. He has filed various receipts and invoices (‘the financial records”) to demonstrate this. This was a retrospective attempt to justify the use of trust funds he was never authorised to spend. [24] Wynyard received $29,063.69 in trust funds....

6. Chaiyapoom v Hu [2014] NZIACDT 78 (09 September 2014) [pdf, 143 KB]

   ...application form and he had signed his name as the licensed immigration adviser. However, he did not put the date on the form, as he expected the complainant to come in and finalise the paper work. He says the complainant could have removed his name before filing the application. [11.3] The complainant’s English language ability was limited; he relied on Ms Butkhamdee to communicate with the adviser. [11.4] Ms Butkhamdee told Mr Hu the complainant had failed to arrange sufficient fund...

7. Mahanga - Taiharuru 2A1 (2008) 125 Whangarei MB 25 (125 WH 25) [pdf, 2.4 MB]

   ...order vesting the 1.0845 shares ofTe Maawe MUI]lhy Mahanga in Colleen Dawn Allen by way of gift. Pronounced in open COUli in Whangarei at s-<iramJpm on1:-Jv1 the 9« day SECTION 40 REPORT TO THE COURT Introduction An application W<:IS filed 28 August 2006 to transfer 1.0845 shar(;!!; from Te Mi'lawe Murphy MahClnga to Colleen Dawn Allen pursu8Ji! to section 16~ of Te Turfl Whenua Maori Act 1993 in 1 aillaruru 2Al block . History The blocl<, Taiharuru 2A 1, origin...

8. [2017] NZEmpC 32 NZ Meat Worker & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 107 KB]

   ...follows: a) As just mentioned, AFFCO has brought an application for judicial review of the full Court judgment in the Court of Appeal; it is now the subject of an application for strike out. I am informed that there is a timetable for the filing of submissions with regard to that application, and that the hearing of the application will take place shortly. b) AFFCO has brought an application for leave to appeal a decision of the Court of Appeal to the Supreme Court. On 9 Marc...

9. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

   ...which took into account funds held in trust for each of the blocks. Given the length of time between the hearing and this new evidence I directed the Māori Trustee to file submissions supporting the revised application. These submissions were filed on 16 March 2016, and referred to me for decision on 23 March 2016. [3] The reasons for granting the revised application are set out below. Background [4] Te Aroha Block 3 Section 1B (“Section 1B”) is Māori freehold land compris...

10. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

    ...made by the Practice Approval Committee (PAC) of the New Zealand Law Society, which declined the appellant’s application on 4 April 2017. Advice of the decision of PAC was given to the appellant by letter of 6 April 2017. [2] The appellant filed an affidavit in support of his appeal and was cross- examined on it before the Tribunal. The appellant called Gabor Cseh as a witness at the hearing. The witness is a neighbour of the appellant living in Kingston, Queensland. He gave...