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  1. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

    NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2019] NZLCDT 12 LCDT 014/18 IN THE MATTER OF The Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE NO. 2 Applicant AND TIMOTHY JOHN BURCHER Practitioner CHAIR Judge D F Clarkson MEMBERS Mr S Hunter Ms C Rowe Mr P Shaw Mr I Williams DATE OF HEARING 28 and 29 March 2019 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE

  2. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

    ...failing to adhere to the terms of trust and core accountabilities may be sufficient grounds for termination. 5 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 6 See also Chambers v Keepa – Te Hinau A Pura Whānau Trust (2016) 350 MB 74 (350 AOT 74) at [45]; Rata – Te Rongoroa A7 Block (1991) Aotea Appellate MB 223 (13 APWG 228) at 244; Morgan – Tautuku Block XIII Section 5 and...

  3. New Zealand Transport Agency - Kaiti 336F (Roadway) (2020) 92 Tairawhiti MB 287 (92 TRW 287) [pdf, 486 KB]

    ...41A and to the ownership interest held in the Parekura Hei Road. That means those who acquired title from him within the Livesey subdivision became owners in common with the Māori owners of the road. [42] The Māori Appellate Court dismissed an appeal against this decision in 2004.22 Members of the hapū Te Whānau a Ehutu wanted to restrict ownership of the roadway to the original owners at the time of the partition, and advanced various arguments in support. The Court agreed wit...

  4. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

    ...transaction vote. [13] Counsel for Te Korowai also referred to the concurrent Environment Court proceedings regarding the Mt Messenger project. Counsel advised that the Environment 415 Aotea MB 171 Court has issued an interim decision, the appeal of which is to be heard by the High Court in August 2020. In this regard, counsel noted that there does not seem to be any urgency to undertake the major transaction vote immediately, as it could potentially be held in June and...

  5. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

    ...Zealand’s letter to the client by email on 27 July 2015. She asked him to call her. [17] On 30 July 2015, Ms Ortiz responded by email to Immigration New Zealand advising that the client’s dairy industry experience was false and seeking “an appeal on humanitarian considerations for the Waiver of the Character Requirements”. His real skill was as a barber. She blamed the staff of the recruiter he had earlier used. [18] From September 2015, the client was given a weekly $40...

  6. [2018] NZLCDT 4 Auckland Standards Committee 3 v Ellis [pdf, 398 KB]

    ...providing services to his clients (in terms of Chapter 5 of the Rules). [61] While the decision of Farrington v Rowe McBride & Partners26 is authority for the proposition that multiple engagements may not be “necessarily fatal”, the Court of Appeal made it very clear that “a solicitor’s loyalty to his client must be undivided”. [62] We accept Mr Collins’ further submission that the prohibition from acting for more than one client where there is a more than negligib...

  7. David Guccione Evidence in Chief [pdf, 290 KB]

    BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF ·DAVID GUCCIONE ON BEHALF OF MOTITI ROHE MOANATRUST 25th October 2017 Counsel Acting . Rob Enright . Barrister Level 1, Stanbeth House 28 Customs St E...

  8. ZQN Apartments TRI 2021-100-001 Procedural Order 9 [pdf, 225 KB]

    ...building work (as defined) then it is subject to the long stop period. I see no need for the Act to go further and specify that it applies to claims for contribution as well as to claims by plaintiffs. [38] Courtney J highlighted the Court of Appeal’s observations in Johnson v Watson (in the context of alleged concealment by fraud) as to the wording of s 91(2) in support:13 [8] … Section 91(2) is … concerned with the act or omission on which the proceedings are based. An a...

  9. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

    ...Britton and Mr Garden for the Greater Wellington Regional Council. 3. As a result of the determination, the District Court made orders: (a) Prohibiting Mr Page and Ms Crosbie from commencing or continuing any activities that are not permitted by the Appeals Version of the Proposed Natural Resources Plan (pNRP) for the Wellington Region and the National Environmental Standards for Freshwater (and any subsequent versions of or successors to either document) within the wetlands at 127...

  10. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

    ...(and their firm), their client and Ms A’s former boyfriend and organisations with which he was associated. 2. Ms A was refused interim name suppression by the Tribunal, but her name remains suppressed by interim order of the High Court pending appeal. Mr Brookie indicates she may seek final name suppression. We expect her to file such an application no later than 1 February 2023. We make an interim order suppressing her name at least until her application for final name suppress...