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1. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...of same on him to respond. We shall then direct the Registrar to convene a short hearing at which we shall impose the penalty we consider appropriate. [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 ______________________________ Mr G Denley Member ______________________________ Mr J Gau...

2. Taukiri – Parish of Karamu Lot 197A (2013) 52 Waikato Maniapoto MB 294 (52 WMN 294) [pdf, 134 KB]

   ...registered the certificate of title issued in favour of Kereti Scott and Hera Scott. Hera Scott transferred her share to Kereti Scott in 1960 and Kereti Scott became the sole owner of the land, which the lower Court determined to be European land. On appeal the Māori Appellate Court stated: What is necessary to have been vested is the land, the whole of the land in the title, and not merely an undivided interest therein. [29] The Court went on to state that: Wherever land is def...

3. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...by the procedures set out in the legislation under which the lawyer has been appointed.   6.9   Upon delivery of judgment, the lawyer’s appointment will continue:  (a) for 28 days in order to advise on the merits of an appeal (s 9B(d) FCA) ; and   (b) in COCA cases to comply with  s 55(4).    6.10   Each  Court  will  maintain  a  register  listing  each  appointment  of  a  lawyer,  the  date  of  appointment, ...

4. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...advised D S that the residence application for Ms K had been approved in principle so as to obtain from her the sum of $20,000 for fees; 10.3 He falsely advised DS that the residence application had subsequently been declined and that he had sent an appeal to the Minister of Immigration to intervene in the case; 10.4 He falsely advised DS that he was awaiting correspondence from the Minister of Immigration. [14] Having heard from the Law Society in respect of this complaint Mr...

5. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...Court in Leary, and look forward when making a value judgment as to whether or not the respondent was a fit and proper person to practise as a barrister and solicitor, and not focus on his misconduct. [10] In Leary, the High Court allowed an appeal against the refusal of an application made by a former legal practitioner for restoration to the roll. The restoration applicant was restored to the roll on the basis that the consideration of whether or not he was a fit and proper pe...

6. CAC406 v Scheirlinck & Anor [2015] NZREADT 92 [pdf, 155 KB]

   ...4 CAC v Hume [2013] NZREADT 91. 5 REAA v Brankin [2013] NZREADT 32. 9 [26] For this reason we dismiss the charges against Mr Scheirlinck and Mr El- Ghalayini. [27] The Tribunal reminds parties of the appeal provisions in s 116 of the Real Estate Agents Act 2008. ______________________________ Ms K Davenport QC Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C Sand

7. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...earlier position that such evidence was only admissible when the words of the agreement were ambiguous or unclear. Indeed, the current state of the law appears to be that in all cases such reference is possible and even desirable. The Court of Appeal has developed the following approach in contract cases. One looks first at the words used — they must obviously be the starting point — and then at the surrounding circumstances to make sure that the first impression of the meaning...

8. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

   ...for the purposes of the proceeding only and for no other purposes. If copies of such documents have been made available, those copies must be returned within 28 clear days after the conclusion of the proceeding or the conclusion of any related appeal. Copies of copies must not be retained by the party to whom those copies were made available. The information contained in any documents so disclosed but not used in evidence in the proceeding must remain confidential to the party wh...

9. RB v CG LCRO 117/2013 (30 June 2014) [pdf, 56 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 2 Stated verbally at the review hearing on 10 June 2014. 4 on any particular review and the extent of the investigati...

10. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000112 [2012] NZWHT AUCKLAND 47 BETWEEN ROGER JERZY AND SAMANTHA KAY ZAGORSKI Claimants AND WILKINSON BUILDING AND CONSTRUCTION LIMITED First Respondent AND ALLIED HOUSE INSPECTIONS LIMITED Second Respondent AND AUCKLAND COUNCIL Third Respondent AND RICHARD ANDREW JOHN WILKINSON Fourth Respondent AND CATHERINE WILKINSON Fifth Respondent AND TIMOTHY JOHN BURCHER Sixth Respondent AND