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1. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...skills. Having reviewed all relevant evidence in the Court record, including that of previous proceedings, I acknowledge that all nominees have the necessary ability, experience and knowledge to fulfil the role of trustee. [27] In summary, having carefully considered the submissions that have been made, I am not persuaded that the Court should intervene to disturb the outcome of the election process. The 11 highest polling candidates will therefore be appointed responsible trustee...

2. EO and EP v VO LCRO 240 / 2010 (3 August 2011) [pdf, 109 KB]

   ...concerning the matters that had arisen, the „conduct issue‟ for the purposes of a compensatory order revolves around the question of whether the Practitioner was wrong in the view that he took. The evidence shows that he went to some effort to protect his clients‟ interests as he saw the legal position. This view was not untenable on the evidence, and could not therefore be considered unreasonable in the circumstances. [46] Under s. 156 of the Lawyers and Conveyancers Act...

3. PU v RW LCRO 15/2013 (4 September 2014) [pdf, 144 KB]

   ...markedly for a practitioner against whom adverse findings have been made. The complaints process under the Lawyers and Conveyancers Act 2006 (the Act) is aimed at both resolving disputes between lawyers and their clients (and thereby serves a consumer protection purpose), and also seeks to ensure that lawyers adhere to their professional obligations, thereby assisting to maintain confidence in the provision of legal services. Review on the papers [16] With the consent of both par...

4. CAC 401 v Black & Wong [2016] NZREADT 42 [pdf, 149 KB]

   ...in which he said (inter alia): “You have both chosen as current licensees to take a course of action against the salesperson currently employed by Pakuranga and Howick Reality for some form of damages. Please consider your actions extremely carefully. I have recommended to you both that as there is no basis for a claim and that you drop any claim you have considered. You have advised me through conversation that you will take your claim through Real Estate Agents Authority.�...

5. LCDT - 2017 annual report [pdf, 392 KB]

   ...Determinations The Tribunal posts its substantive decisions on the Ministry of Justice’s Lawyers and Conveyancers Disciplinary Tribunal website so that they are generally accessible to the public and the profession. This requires careful editing to preserve anonymity in some cases, particularly to prevent the identification of complainants where suppression has been ordered. The Chair and Deputy Chair aim to build up a body of consistent and credible decisions as an...

6. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

   ...Ltd v MEL Network Ltd (2002) 16 PRNZ 747 (CA). http://legislation.govt.nz/regulation/public/2016/0225/44.0/link.aspx?id=DLM319999#DLM319999 the plaintiff from pursuing the claim. An order having that effect should only be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not likely to be denied. [16] Of course, the interests of defendants must also be weighed. They must be p...

7. Elvin - Lot 154D2B2B1 Parish of Te Puna (2007) 90 Tauranga MB 53 (90 T 53) [pdf, 2.5 MB]

   ...landowner control or tino rangatiratanga on the one hand and hapu interest in a collective taonga tuku iho on the other. COLIN LESTER ELVIN MLC TAU A20070001578 [10 August 2007]90 Tauranga MB 53-63 90 Taurauga MB 62 In our view the removal of that protection should only be allowed where the applicatio'n is in some material way outside the ordinary run of cases, That must be so, because to adopt any other approach would be to undennine the very careful balance between owners an...

8. LCDT - 2016 annual report [pdf, 496 KB]

   ...delegation. Determinations The Tribunal posts its substantive decisions on the Ministry of Justice’s Lawyers and Conveyancers Disciplinary Tribunal website so that they are generally accessible to the public and the profession. This requires careful editing to preserve anonymity in some cases, particularly to prevent the identification of complainants where suppression has been ordered. The Chair and Deputy Chair aim to build up a body of consistent and credible deci...

9. Hikaka v The Real Estate Agents Authority (CAC 416) & M Lovell, S Lovell, O'Shea and Lovell Real Estate Limited [2018] NZREADT 72 [pdf, 197 KB]

   ...made by the Real Estate Institute of New Zealand Inc (“the REINZ Rules”). These included a Code of Ethics (Part 13). The REINZ Rules remained in effect until 17 November 2009, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (“the 2009 Rules”) came into effect. The 2009 Rules remained in effect until 8 April 2013, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 2012 Rules”) came into effect...

10. LCRO 119/2022 FT v GS (31 October 2022) [pdf, 183 KB]

    ...pursuant to s 206(2) of the Act, which allows the 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. [23] 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 nec...