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1. L v O [2015] NZIACDT 81 (14 August 2015) [pdf, 97 KB]

   ...The responses The complainant [9] The complainant did not file a statement of reply, and was not required to do so if she agreed with the contents of the Statement of Complaint. The adviser [10] The adviser filed a statement of reply and an affidavit. The Tribunal issued a direction. It noted that the adviser’s response was undisputed, and provided the Registrar with an opportunity to file any evidence in reply, and apply for an oral hearing to cross-examine the adviser. The Regis...

2. Ogle - Mangamuka East No.1B No.1B (2015) 103 Taitokerau MB 284 (103 TTK 284) [pdf, 183 KB]

   ...land to be the property of Maraea Ogle’s descendants pursuant to s 30(1)(a) of the Māori Affairs Act 1953. 3 The partition application [5] The partition application was filed on 11 June 2012. It was supported by several documents comprising affidavits/statements from the applicants, letters in support or opposition, other correspondence between the owners, minutes of meetings of owners, diagrams of the areas for partition and other information to do with the land. [6] The gro...

3. Guidelines: Counsel for subject person - Personal and Property Rights Act [pdf, 94 KB]

   ...These revised Guidelines are issued on 24 March 2011 and come into operation on 24 March 2011. Judge P F Boshier PRINCIPAL FAMILY COURT JUDGE APPENDIX A TASKS FOR COUNSEL FOR SUBJECT PERSON WHEN A NEW WILL IS REQUIRED 1 Ensure that an affidavit from the subject person’s regular doctor has been filed as to the subject person’s testamentary capacity as follows. (a) Does the subject person understand that by the will they would be disposing of their property on their death t...

4. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   ...$4,600.00 and/or reg 9 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 by debiting $4,600.00 in fees from the firm's trust account without complying with the requirements of reg 9. And upon the grounds appearing in the affidavit of Timothy Richard Maffey filed in support of these charges.

5. [2015] NZEmpC 65 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 120 KB]

   ...documents are altogether too remote from the matters at issue in this proceeding. [23] Taking account of Ms Alim’s overseas domicile, the documents set out at in [21] above must now be disclosed by the plaintiff to the defendant by a verified affidavit of documents to be sworn, filed and served within the period of 21 days of the date of this judgment. [24] There will be no order for costs on this challenge to objection to disclosure, both parties having been successful an...

6. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

   ...form, which was not completed. He engaged a different adviser the following day, and told Mr R that he had done so. [13.3] Mr R completed parts of the agreement without further authority from the complainant. [14] Mr R filed a memorandum and an affidavit. The key elements in his response were: [14.1] He accepts the fee could not be recovered, as the agreement was not sufficiently clear as to the basis for calculating the fee. [14.2] The complainant was not forced to sign the agreemen...

7. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...[21] Returning to the present review, I have no information about the basis of the Applicant‟s Claim to the District Court (concerning the M proceeding). She was invited to forward a copy of her Statement of Claim to this office along with any affidavit, but despite reminders she did not send this information. This meant that the only information available to me about that Claim emerges from the Practitioner‟s information to the District Court and the observations of the Judge,...

8. Wallasey v Bala LCRO 86 / 2009 (14 September 2009) [pdf, 87 KB]

   ...in which he had stated, “If I am required to give evidence then I can obviously not appear as Counsel but that stage has not been reached.” The practitioner withdrew as counsel in 2008, and was no longer involved when he was asked for an affidavit in 2009. The practitioner has maintained throughout that he had no relevant or significant information about the family. [26] When the practitioner wrote to Mr XX in early December 2007 he had not at that time been asked to provide...

9. GB v PW LCRO 140/2012 (13 August 2014) [pdf, 142 KB]

   ...Committee or an investigator, and seek and receive evidence. The statutory power of review is much 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Above n1. 3 Affidavit of Ms GB sworn 2 July 2012 at [22]. 4 Above n 3 at [7]. 3 broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to cond...

10. Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) [pdf, 251 KB]

    ...direct further research by any party, or by the Registrar from the court records: (g) direct the filing by any party of any valuation, land use, or other report that may assist the court in determining any matter in issue: (h) fix a time by which affidavits or other documents shall be filed: (i) exercise any powers of direction or appointment vested in the court or a Judge by the rules of court in respect of applications of the class with which the Judge is dealing: (j) give s...