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1. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...he viewed any potential ethical risks in the light of Ms S not being a client of his. This does not appear to be a credible statement for the Practitioner to have made in all the circumstances. [21] On 16 August 201012 Mr Horsley handed his files for Ms S to another barrister, who was apparently a trusted colleague. It is accepted by Mr Billington that Mr Horsley’s letter to that barrister is a piece of contemporaneous evidence which illustrates his state of mind at the time,...

2. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...that time M gave the practitioner his eftpos card and pin number, and that two tobacco purchases were made by the practitioner on behalf of M. [3] The various allegations and supporting particulars are set out in full in the charge as laid and filed with the Tribunal. They are summarised as follows: (a) About 28 February 2012, M gave the practitioner his eftpos card and pin number, which the practitioner took so as to be able to use it to pay costs for legal work he had done or was...

3. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...NZEmpC 226 CRC 31/13 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN STEPHEN DAVIS Plaintiff AND COMMISSIONER OF POLICE Defendant Hearing: By memoranda of submissions filed on 11, 18, 25 and 29 November 2013 Representatives: Jeff Goldstein, counsel for plaintiff Edrick Child, counsel for defendant Judgment: 4 December 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1]...

4. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...other details which might lead to his identification. Position taken by plaintiff and first defendant [2] As recorded in the Minute dated 3 September 2015 at [25], Ms Scarborough, who is representing herself, does not oppose the application and has filed memoranda dated 3 September 2015 and 7 September 2015 confirming her position. [3] As further recorded in the Minute at [24], the first defendant (Kelly Services (New Zealand) Ltd) (Kelly Services) supports the application but does no...

5. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

   ...concluded. More recently that court affirmed this point when declining an application for grant of aid that was made after the hearing: Pomare v Rangihaeata 7 . In that decision the Appellate Court restated the importance of applications for aid being filed in advance 8 : “[6] There are good reasons why parties who claim that they are unable to prosecute their case without special aid are expected to apply for special aid prior to any hearing taking place. This encourages the p...

6. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...question as to whether or not Mr IV was obliged to provide his accounts to Ms DD and her sisters before he could deduct his fees is that Mrs CC was the executor and he was her attorney. All he needed to do was to prepare his account and leave it on his file. This would apparently satisfy regulation 9(1)(a). 8 Above n 4, at [2.14] 9 Above n 5. 7 [34] However, regulation 9(2) requires a lawyer to deliver his or her invoice to “...

7. Te Hokowhitu v Proprietors of Matauri X - Matauri X [2010] 2010 Maori Appellate Court MB 566 (2010 APPEAL 566) [pdf, 116 KB]

   ...by Marcella Dawn Jenkins, as a member of the (Shareholder) Advisory Committee to Mr Gillespie. She alleged that she tried several times to discuss the position with Mr Te Hokowhitu to no avail. [11] On 5 March 2007, the Matauri X Incorporation filed an application in the Māori Land Court for an interim injunction seeking to restrain Mr Te Hokowhitu from committing any further trespass or injury to land. On 19 March 2007, the application was before the Lower Court, but no one ap...

8. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...Te Whe Hutana died on 9 July 2005. Probate was granted on 7 December 2005 in favour of two of her daughters; Huia Williamson (the administrator of her estate under her will) and Josette Malcolm (now deceased). [3] The succession application was filed by Waka Hutana on 16 January 2018 to succeed to his grandmother’s interests. Waka Hutana seeks orders pursuant to ss 113 and 117 of Te Ture Whenua Māori Act 1993 (“the Act”) vesting Te Whe Hutana’s interests in her successors a...

9. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...made. Background [4] The Registrar’s Report and Recommendation dated 18 June 2015 sets out the background to the application. The report is reproduced in full as follows: REPORT AND RECOMMENDATION Introduction 1. This application, filed by Ngaire Lorna Smith (the applicant) pursuant to section 45 of Te Ture Whenua Māori Act 1993 (the Act), seeks to amend a succession order dated 24 August 1970 at 46 Whangarei MB 120-121 relating to Here Wiremu Ihaka Ututaonga (the...

10. COVID-19 Communications to Family Violence Providers [pdf, 321 KB]

    ...responded to by providers and initial contact made by phone to determine appropriate mode of contact for service. • From late March 2020, all NVP clients will be informed they must contact providers to arrange first assessment times. • Client files must document all contact including session times, mode of contact, risk and safety issues and progress on programme goals. • All programmes can be extended or altered to address safety and need during Level 4 without seeking per...