Search Results

1. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...in section 137 were intended for exceptional instances where orthodox voting requirements were ilnpossible to entertain, at page 266: "Section 137 is very clearly an exceptions process. It is designed to allow trustees to avoid the usual protections against absolute alienation. It allows them to avoid both the spirit and intent of the Preamble to the Act and s2(2}. It is drafted in precise and narrow terms for that reason. It is to be applied only where there is a ~ Minute B...

2. [2020] NZREADT 38 - Barfoot v Real Estate Agents Authority (26 August 2020) [pdf, 285 KB]

   ...as he accepts through his counsel Mr Rea, responsible for supervision of Ms Feng and Mr Dunne under section 50 of the Act. [3] Ms Feng and Mr Dunne were found to have breached various of the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The matter was the subject of a complaint that was made in regard to Mr Dunne following errors being made in the description of a residential property which he was marketing. The errors related to the des...

3. [2024] NZEnvC 075 McCallum Bros Limited v Auckland Council [pdf, 12 MB]

   McCallum Bros Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2024] NZEnvC 075 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) Appellant/Applicant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Judge A H C Warren Commissioner S Myers Commissioner K Prime Special Advisor R Howie Hea

4. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...[another party] and [the other party] initiated legal proceedings for the release of the monies held by [the firm] on my behalf. At that time I took further legal advice and was advised that the wording of the guarantee was erroneous and did not protect my position and to request the funds not to be released. This in turn led to [the firm] being taken to the High Court …, where they lost the case and the funds had to be released to [the other party] and I lost $500,000. This caused...

5. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [pdf, 531 KB]

   ...secured against her Tolhurst Road property; (c) On the subdivision of Rosetta Road; (d) The transfer of that property to the trust; (e) The process of her becoming a trustee of the trust. [31] The respondent admitted that he had an obligation to protect Ms B’s interest in respect of those matters. It is clear that she was not given independent advice about any of the relevant issues at the time. [32] The respondent explained that (with the exception of the Rosetta Road pro...

6. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...................................................................................................... 35 HAVE DEFICIENCIES IN THE PLANS AND SPECIFICATIONS CAUSED LEAKS? 36 Architect‟s Defence ............................................................................................... 37 DID THE COUNCIL BREACH ITS DUTY OF CARE? .............................................. 38 Consent .........................................................................................................

7. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...breaches of the Licensed Immigration Advisers Code of Conduct 2010 (the Code). [3] Ms Mackintosh explains her circumstances at the time, but admits her misconduct. BACKGROUND [4] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [5] The complainant is a national of India. She arrived in New Zealand in about March 2015 and at various times held student, work search and graduate work experience visas. She had a Bachelor of...

8. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...However, while we have these concerns we are also not convinced that Jo was fictitious. Certainly someone came to view the property. But, if the Ts’ evidence was to be believed and Mr O suggested that the offer be countersigned he was certainly protecting himself from any chance that the unconditional offer might be accepted. However we cannot be satisfied on the balance of probabilities that the agreement was not genuine especially in the absence of any evidence from the Ts. We can...

9. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...because there remained an obligation3 to keep proper records of money received or valuable property held, and that had not occurred. [22] The Standards Committee emphasised that the purpose of a solicitor’s trust account obligations was public protection. In particular, the protection of money paid to the solicitor, so that the solicitor was not free to deal with the funds as if they were the solicitor’s own funds, and to ensure that such funds did not become available to...

10. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

    ...require you to appear. Discuss any difficulties with the lawyer or police prosecutor who wants you to appear – or with your own lawyer. These could include concern about any risks you feel you run by appearing as a witness. If you feel you need protection from a defendant or their associates, talk to the police. You can talk to the Court Victim Adviser about arrangements for your comfort, privacy and security at court. Remember, by acting as a witness in a criminal case, you are helping...