Search Results

1. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

   ...lawyers in terms of the subsections of s 242(1). [8] We consider that in particular, while not wishing to minimise the other offending, the frauds on the Legal Services Agency must be given considerable weight. They were carried out with careful premeditation; they involved a breach of trust by a practitioner in a system which relies on honesty and integrity. While Mr Flewitt may say that he did not steal from his clients, he still acted dishonestly in his role as a lawyer, n...

2. Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95 (321 AOT 95) [pdf, 123 KB]

   ...anything or using the land in any other capacity, commercial or otherwise. It is noted that the land could be used for agricultural purposes. [6] It is also said that the council has been issuing invoices on a regular basis to Koroheke Hinerau care of Rangimoeke Houpapa of 66 Garland Drive, St Andrews, Hamilton. Despite these efforts, no payments have been received. Moreover, it is said that there has been no objection to the levying of rates and issuing of invoices by the coun...

3. BORA Families Commission Bill [pdf, 136 KB]

   ...Rights Act affirms the right of a person when suing, or being sued, by the Crown to have that litigation conducted in the same way that litigation between two individuals would be conducted. 13. We have previously advised you that the right protects an individual’s ability to enforce the law against the Crown in the conventional way in the ordinary court. That is different from guaranteeing a cause of action against the Crown. Still less does section 27(3) guarantee there will be...

4. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

   ...6. The Canadian courts have taken the view that a proper balance between the interests of the individual and the state can be struck if the requirement to produce documents is subject to appropriate terms and conditions, including those designed to protect the interests of the person compelled to provide the documents.[2] 7. We have concluded that this provision appears to be consistent with the right to be secure against unreasonable search and seizure. In reaching this conclusion we not...

5. BORA Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill [pdf, 336 KB]

   ...amends the Patents Act 2013. In particular, the Bill proposes the following changes: a. an amendment to the grounds on which a person can oppose the grant of a patent under the Patents Act 2013. This would allow patent applicants to claim patent protection for more than one invention per application; b. provision for a single patent application process and single patent examination process for Australia and New Zealand; and c. a single trans-Tasman registration regime for Australian...

6. ND v VC LCRO 7 / 2012 (15 June 2012) [pdf, 74 KB]

   ...the Applicant was making claims for payment for services that had not been contracted for, which remained his position. The Practitioner submitted that his correspondence ought to be read in the context of acting for a Crown entity and trying to protect it from devoting further time and resources in dealing with the 3 Applicant’s claims for payment for services that had not been contracted for. With reference to the Applicant’s successful outcome at the Disputes Tribunal,...

7. Taueki v Horowhenua District Council (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 190 KB]

   ...provide the trustees with a more direct role in managing their own property. Such a possibility does not seem outlandish in the twenty first century. [13] In any event, it should be obvious to all parties that unless proper legal process is carefully observed regarding any proposed leases or licences, given the history to these and related proceedings, further litigation is probable. Decision [14] The application is adjourned to a chambers hearing on 23 April 2013 at Whanganui...

8. Canterbury Westland Standards Committee 1 v Williams [2020] NZLCDT 8 [pdf, 98 KB]

   ...Committee 2 of the Wellington District Law Society HC WN CIV-2011-485- 000227, 8 August 2011. 4 (a) That Mr Williams acknowledged his failures to make adequate enquiries. (b) There was no element of dishonesty in his conduct. (c) That care should be taken in attributing the financial loss solely to Mr Williams. The loss arose from the failure of the companies. The loss occurred because Mr Williams believed that the transactions were in accordance with the wishes of his cl...

9. Judges-Corner-Article-by-Judge-Aidan-Warren-on-Dispute-Resolution .pdf [pdf, 154 KB]

   ...Agreement to Mediate, which sets out the rules of the mediation and the basis of the mediator’s appointment. The question is whether the mediation process will allow for mediators to have these agreements signed by the parties, to provide extra protections to them above those provided under the Act. That will of course depend on how the mediator appointments are managed. In the employment dispute context, mediators are required to certify settlements and general template agreem...

10. NI v FI & MI & GI [2023] NZDT 592 (13 October 2023) [pdf, 96 KB]

    ...respondent is FI’s son, and the third respondent is FI’s partner. 3. NI claims he saw the respondents move the aircraft and he noticed damage to the wings the same day. Further damage was incurred as the aircraft was left outside the shed unprotected from the weather. 4. NI believes the respondents moved his aircraft some time in the first half of 2021, however he did not raise the issue of damage with them until December 2021 when he sent them a letter asking for compensation...