Search Results

1. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...you may use for your whānau trust. The actual content of the trust order may differ depending on your circumstances and you may customise this example to best fit any terms of trust you have set for your trust. 2. You should read through each clause carefully and alter, amend or delete where appropriate to suit your circumstances. 3. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assum...

2. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

   ...subsequently (invoiced 12 June 2017 – date of payment unclear). [47] The majority (if not all) of his fee had therefore been paid in advance of his appearances in Court for Mr BG on 24 March and 29 June. [48] One of the purposes of the rule is to protect client funds. This is achieved by virtue of the fact a solicitor has a trust account. A barrister does not and so any money paid by Mr BG in advance of services being provided was unprotected. [49] Whether or not Mr BG was aware...

3. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [27] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

4. LCRO 69/2020 CX v DW (21 July 2021) [pdf, 185 KB]

   ...enforce the judgment. That was a difficult task because, as Mr DW says:1 …Mr EV indicated that he had no assets. Mr EV was not concerned by the prospect of bankruptcy. Ms CX had always said that Mr EV operates in cash and that he was always vey careful not to have assets registered in his own personal name. Ms CX is aware of the difficulty that Mr EV would always pose for the enforcement of any judgment. She knew Mr EV and his character better than anyone. [6] Ms CX’s frus...

5. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...Visa), for the complainant and associated visas for his wife and their child. The complainant was the principal applicant. [7] Immigration New Zealand (Immigration NZ) completed an initial assessment of the application and wrote to the complainant, care of Mr Sun, on 18 November 2019, setting out numerous concerns with the application. He was invited to provide further information. [8] On 28 November 2019, Ms M, an employee of Heytour in China, rang the complainant (who was in Ch...

6. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...cost around $13,000.00. (c) I have taken into account Mr N’s comment that new projectors only have a warranty of up to 2 years, and new bulbs have a 3-month warranty. (d) I am satisfied that s138 of the CCLA does not provide an ongoing protection for a buyer from failure of second-hand goods such as the Projector. BB Ltd therefore cannot be held responsible for the Projector failing unexpectedly, particularly when it is unclear what caused it to fail, and Mr N and BC have confl...

7. Maori Trustee - Huriwai Family Trust (2011) 13 Takitimu MB 17 (13 TKT 17) [pdf, 92 KB]

   ...position could be reviewed in 12 months time. I record that there was no significant opposition to that proposal while acknowledging that Mr Tihema supported the appointment of replacement trustees from the owners. [12] In my assessment, having carefully reviewed the submissions of the parties, the evidence on the Court file and related considerations, the most practical outcome for present purposes is for the Māori Trustee to be appointed and for the owners elected at the recent...

8. 2017 NZSSAA 016 (20 April 2017) [pdf, 87 KB]

   ...consider is whether the Ministry was correct to decline an application for an advance payment of benefit or Special Needs Grant of $139.96. It relates to a power bill that Mr XXXX received. Mr XXXX’s support requires him to manage his money very carefully. Through a set of 2 circumstances which were no fault of Mr XXXX’s, he did not receive his power bill and did not realise there was money owed for that month. When he did receive a subsequent notification of the amoun...

9. BORA State Sector Amendment Bill (No.3) [pdf, 19 KB]

   ...remedies in individual cases substantially addresses the issue of natural justice. Conclusion 10. We consider that although the Bill does not appear to be inconsistent with the Bill of Rights Act, the procedures in the Bill could be strengthened to protect the interests of individual teachers. This might be done by an administrative or legislative requirement to advise teachers, at the time the Board of Trustees reports to the Commissioner the names of non-striking teacher, whether or...

10. BORA Regulatory Reform Bill [pdf, 299 KB]

    ...that conveys a meaning or attempts to convey a meaning. • In this case, the information that must be provided to the clients of the recognised person or agency does not appear to be sufficiently "expressive" in content to attract the protection of s 14 of the Bill of Rights Act. It does not compel any agency or person to state an opinion or say something that the person or agency does not believe to be true. Information about the withdrawal or surrender of recognition...