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1. CAC306 v Murphy & Anor [2015] NZREADT 88 [pdf, 130 KB]

   ...general sentencing factors, they are each fined $2,000 to be paid to the Registrar of the Authority at Wellington within one calendar month of this decision. [28] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ___________________________...

2. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...ethics to be determined by the Registrar, and approved as appropriate by our Chairperson, just as soon as that can be conveniently arranged. 7 [35] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C...

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

   ...simply describes the services as “Work Visa”. These particular instructions concerned a matter that could become intractable, and require extensive work. If Mr R was intending to convey he was willing and in a position to see the matter through to appeals and other requests, the fixed fee may have been a very modest one. If he intended he would simply make a phone call which would possibly resolve the issue, and that that was the end of his engagement, then the price was likely excessi...

4. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...a former client it must be that if they were to so act “the fiduciary obligation owed to the former client would be undermined”. The nature of the fiduciary obligations of lawyers in such a situation was examined by the New Zealand Court of Appeal in Russell McVeagh McKenzie Bartleet & Co v Tower Corporation - [1998] 3 NZLR 641. In that case it was considered that a lawyer must not act where the lawyer holds confidential information; the information is sensitive, i.e., of a...

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

   ...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 conduct that review. Review Hearing [11] The parties attended a review hearing in Auckland on 2...

6. CA v BD LCRO 31/2012 (5 December 2014) [pdf, 45 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much 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 conduct that review. Review hearing [15] The parties attended a review hearing in [city] on 16...

7. Hooker Family Trust v R & B Plastering Limited [2011] NZWHT Auckland 41 [pdf, 80 KB]

   ...roof being replaced. R & B Plastering Limited was the plasterer, not the roofer, and, given my findings as regards the parapets, has no liability for the roof replacement. Other expenses and the claim for stress [24] The Court of Appeal in Sunset Terraces1 made it clear that the owners of leaky homes are entitled to compensation (where it is proved) whether they are trustees or not. The Court does not differentiate between trustees and non-trustee occupiers. [2...

8. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...Committee may, in its discretion, decide to take no action or, as the case may require, no further action, on any complaint if, in the opinion of the Standards Committee,— … (f) there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person aggrieved to exercise. [31] It is a little puzzling that Mr VS has chosen to pursue a re...

9. Bidois - Estate of Hikairo Paul (2016) 152 Waiariki MB 298 (152 WAR 298) [pdf, 341 KB]

   ...entire Will void and the interests of the deceased can be dealt with by subsequent complying provisions in the Will. Nicholas v Kameta - Estate of Vlhakaahua Vlalker Kameta, Te Fuke 2A2A3B 1 and 2A2A3B2 [2011] Maori Appellate Court lv1B 500 (2011 APPEAL 500). Southon v Southon -- Estate Tame Raihania Sal/than [2008] Chief Judge's lv1B 28 (2008 CJ 28). Ibid at [22]-[23] 152 Waiariki MB 303 [20] Chief Judge Isaac subsequently determined that in the case before him the entire Wi...

10. Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) [pdf, 283 KB]

    ...Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216). These principles were recently endorsed by the Māori Appellate Court in Bratton v Le Lievre [2017] Māori Appellate Court MB 351 (2017 APPEAL 351). 178 Waiariki MB 30 (b) Costs normally follow the event; (c) A successful party should be awarded a reasonable contribution to the costs that were actually and reasonably incurred; (d) The Māori Land Court has a ro...