Search Results

1. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...the Respondent and resolved pursuant to s138(2) of the Lawyers and Conveyancers Act 2006 to take no further action on the complaint. Application for review [21] In his letter accompanying the application for review, the Applicant sought an “appeal” of the Standards Committee decision. [22] He identified in a somewhat more definitive manner the nature of his complaint. 1. That the Respondent acted for the Applicant and Ms YL in a transaction where the Respondent was also ac...

2. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...holds that the training fees were not a premium for employment, it can refer the matter back to the Disputes Tribunal and continue its claim against Mr Holman for the balance of the fees owing. Obviously, the timing of that would be subject to any appeal rights which the parties may have in respect of this Court’s judgment. Legal principles applying [18] Both counsel have referred in their submissions to the fact that there is not a great deal of legal authority in respect of w...

3. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

4. LCRO 106/2014 TY v DH [pdf, 177 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

5. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...speech recognised by s 14 of the New Zealand Bill of Rights Act 1990, the importance of open judicial proceedings, and the right of the media to report proceedings.5 That principle has been reaffirmed on a number of occasions,6 and the Court of Appeal has confirmed that open justice principles are equally applicable to civil cases.7 [47] Any exercise of the power to suppress the practitioner’s name allowed by s 240 Lawyers and Conveyancers Act 2006 should also take into accou...

6. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

   ...by way of example, defalcation of client’s money would be a failure to exercise management responsibility over the agent. [39] Mr Mortimer submitted that the principle of management responsibility is supported by the judgment of the Court of Appeal in Barfoot & Thompson v Real Estate Agents Authority3 (concerning an agency’s policy as to managing agents’ and salespersons’ conflicts of interest). He also referred to the decision of the Tribunal in...

8. LD Trust v CN LCRO 300/2013 (29 November 2016) [pdf, 236 KB]

   ...Scope of Review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

9. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...the court may stay all or part of the proceeding on such conditions as are considered just. (4) This rule does not affect the court's inherent jurisdiction. [24] The established criteria for striking out was summarised by the Court of Appeal in Attorney-General v Prince, where the Court noted that it is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed. The jurisdiction is one to...

10. Napia v Toia - Estate of Te Wiremu Napia [2016] Chief Judge's MB 420 (2016 CJ 420) - (259 KB) [pdf, 255 KB]

    ...certificate demonstrating that Paora Wiremu Napia was a child of Te Wiremu Napia. 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2016 Chief Judge’s MB 431 [24] A birth certificate is prima facie evidence of the truth of the information they contain. 6 However that presumption may be rebutted if the Court is satisfied on the ba...