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1. LY v [North Island] SC LCRO 231 / 2011 (1 June 2012) [pdf, 86 KB]

   ...client’s money in a manner that complies with the obligations as set out in the Lawyers and Conveyancers Act (Trust Account Regulations) 2008. That this is a significant aspect of the Lawyers and Conveyancers Act 2006 is clear from the consumer protection purpose of the Act. [20] Whether disciplinary issues arise for a lawyer in relation to this obligation is a matter for determination by a Standards Committee in the first instance, being a first stage decision making body. The r...

2. IA v QZ and MA LCRO 205 / 2010 (18 June 2012) [pdf, 88 KB]

   ...NZLS to say that he had taken instructions from clients and was filing a statement of claim in the High Court, and due to his work pressures, he had asked the Applicant to prepare documents. He explained that the proceeding was against a person protected by the Tribunal Order, and stated, “He, of course, cannot act but I see no difficulty in having [the Applicant] prepare documents.” Mr M explained that the purpose of his letter was to seek the NZLS view on the matter of the Appl...

3. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

   ...responding to broader social issues. • Agencies – A few speakers suggested that government agencies must meet the Government’s Crown/Māori relationship objectives. • Stability – One speaker indicated that the government needed to be careful to ensure that it doesn’t compromise the existing systems and mechanisms in place supporting our whānau and communities. Strengthen what is working well and offset the negative features. Examples of positive systems were Māori eco...

4. BORA Land Transport Amendment Bill [pdf, 155 KB]

   ...the Bill of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, their property or correspondence, or otherwise. 6. The right to be secure against unreasonable search or seizure protects a number of values including personal privacy, dignity, and property.1 7. If a provision is inconsistent with s 21 of the Bill of Rights Act, it cannot be demonstrably justified with reference to s 5 of that Act. The creation of an u...

5. CB v DS LCRO 61/2017 [pdf, 91 KB]

   ...Ms H, who had been in a relationship with Mrs CB’s son W for eight years or more. W was named as registered proprietor on the title to 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 property at Papamoa Beach. Mrs CB contends W had no beneficial interest, was only registered on the title to the property and was a bare trustee.2 On that basis Mrs CB says Ms H had no right to claim any interest in...

6. Taurua v Harawira - Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) [pdf, 261 KB]

   ...them to be trustees. Trustees, in the exercise of their duty to fairly and prudently manage the affairs of the trust, will often have to make difficult decisions which are not viewed with favour by all beneficiaries. They are entitled to the protection of the Court, providing they adhere to the terms of the Trust and perform their duties satisfactorily. [13] The jurisdiction to remove a trustee requires unsatisfactory performance in an objective sense as a jurisdictional precursor...

7. Cooper v Hurunui - Estate of Derek Heemi Hurunui (2018) 394 Aotea MB 14 (394 AOT 14) [pdf, 256 KB]

   ...of that word, with her mother. The impression I gained was that she would strongly prefer that her kaitiaki trustee should be her sister Ngahina Hurunui. [16] Ms Hurunui also confirmed that the youngest of her siblings, Constance Cooper, was cared for by her grandparents. In such circumstances, if they are correct, I see no reason why Ms Cooper should be a kaitiaki trustee for Constance. Either, with their consent, one of the grandparents should fulfil this role or Ngahina Hurunu...

8. The Trustees of Part Rotomaha Parekarangi 8 Reservation v Cochrane - Part Rotomahana Pakrekarangi 8 Reservation (2020) 247 Waiariki MB 34 (247 WAR 34) [pdf, 184 KB]

   ...commission, the Court may be acting contrary to the principles of natural justice and unfairly. This was inconsistent with the right of his clients to a fair trial, he argued, and the proposed commission would result in a denial of that right and the protections set out in the Bill of Rights Act 1990. Ngā kōrero a te Kaiurupare Tuarua Second Respondent’s submissions [7] Mr Rendall, for the second respondents, filed a response to Mr Harvey’s memorandum on 22 September 2020...

9. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...no novel or important questions involved. The public has no interest in the proceedings. Insofar as the overall balance of convenience is concerned, it seems to me that this must substantially favour Mr Newman. However, his interests can be protected by the making of an order in the usual way in respect of such applications by requiring the challenging party to make payment of the monetary awards into the Court pending the hearing of the challenge. As stated by Judge Smith in Pi...

10. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 KB]

    ...1 NZLR 262 (CA) at 267. More recently, in Couch v Attorney-General [2008] NZSC 45, 3 NZLR 725, Elias CJ stated at [33] that it is inappropriate to strike out a claim summarily unless the court can be certain it cannot succeed and that particular care is required in areas where the law is confused or developing. The position of the defendants [14] PLEPA is the legislation which deals with the respective obligations of employers and employees in relation to parental leave. The defen...