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1. Wellington Standards Committee v Hirschfeld [2014] NZLCDT 48 [pdf, 144 KB]

   ...[78] In relation to the Comeskey decision Mr Harrison again submitted that this ought to be distinguished (nine months suspension having been imposed) on the basis that there were other serious misconduct charges, such as misleading the Court of Appeal and failures to a client. [79] In Mr Hirschfeld’s case, Mr Harrison emphasised, only one aspect of his practice, that is his invoicing, was under scrutiny. 14 See footnote 9. 15 See...

2. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...offence under the Act or its Rules in the context in which she found herself. [79] Accordingly, all the above charges are hereby dismissed. 15 [80] 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 _____________________ Ms N Dangen Member...

3. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...damage – not only to the applicant but also affected non-parties. Although an ability to challenge the refusal of a non- publication order at an interlocutory stage may disrupt unfinished Authority business, in the sense identified by the Court of Appeal in Rawlings, its distinguishing characteristic is that it is not the sort of determination that can subsequently be remedied on a challenge or by way of review. The horse will have well and truly bolted by that stage. [26] A refus...

4. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 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 [28] Mr TG attended a review hearing in [City] on 10 June...

5. MC & Ors v ND LCRO 377/2013 (13 October 2014) [pdf, 86 KB]

   ...2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3 Above n 1 at [62]. 4 aspect of an inquiry by a Standards Committee and its determination. In Deliu v Hong 4 The power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his or...

6. January 2015 Outstanding applications [pdf, 253 KB]

   ...Makete - and succession orders made at 64 Waiariki MB 252-257 dated 15/10/2012 - Application to the Chief Judge A20140008837 58/93 Arthur Thorpe Gemmell Mohaka A4 Trust - and an order for costs made at 32 Takitimu MB 174-183 dated 7 July 2014 - Appeal A20140008849 45/93 Betty Louisa Regina Haenga Estates of Hana Te Urupa Petiha or Hana Te Urupa Patiki or Haenga; and Makahuri Petiha - and a successio order made at 60 GIS MB 315-322 on 11 March 1963 - Application to the Chi...

7. February 2015 Outstanding applications [pdf, 253 KB]

   ...Makete - and succession orders made at 64 Waiariki MB 252-257 dated 15/10/2012 - Application to the Chief Judge A20140008837 58/93 Arthur Thorpe Gemmell Mohaka A4 Trust - and an order for costs made at 32 Takitimu MB 174-183 dated 7 July 2014 - Appeal A20140008849 45/93 Betty Louisa Regina Haenga Estates of Hana Te Urupa Petiha or Hana Te Urupa Patiki or Haenga; and Makahuri Petiha - and a successio order made at 60 GIS MB 315-322 on 11 March 1963 - Application to the Chi...

8. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...or the allocation of, authorisations (clause 63(5)). 14. The assets received from the settlement are to be allocated to individual iwi. While the Bill does not define an iwi aquaculture organisation in overtly racial or ethnic terms, the Court of Appeal in Te Waka Hi Ika o Te Arawa v Treaty of Waitangi Fisheries Commission was unanimous in finding that the word “iwi” meant tribe or group of hapu and that a traditional tribe was a group of Māori people claiming descent from a common...

9. Apaapa - Te Pura No 17 Block (2010) 6 Waikato Maniapoto MB 1 (6 WMN 1) [pdf, 207 KB]

   ...sufficient proportion of the owners agree to it.‖ [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. They are Cleave – Orokawa 3B (1995) 4 Taitokerau Appellate MB 95 (4 APWH 95); White – Maketu A2A Lot 4 DPS 63036 (1999) 1 Waiariki Appellate MB 116 (1 AP 116); Hoko – Papamoa 2A1 (2003) 20 Waikato-Maniap...

10. WHT - glossary [pdf, 685 KB]

    ...an abatement notice in that everybody (not just the council) can apply for an enforcement order against someone else. These are issued by the Environment Court rather than the council. Environment Court: A specialist Court where people can go to appeal decisions made by councils on a policy statement, plan or resource consent application, or to apply for an enforcement order. Equity: An owner’s financial interest in a property being the difference between the fair market value of...