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...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...
...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...
...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...
...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...
...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...
...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...
...and filing it with the Tribunal. CONDUCTING THE REVIEW Reviews on the papers 37. The Chair assigns each application to a Tribunal Member who will conduct the review and issue a decision. Tribunal Members are independent Judicial Officers. To protect that independence, parties should not contact Members. Any material to be put before a Member must be filed with the Tribunal and will be shared with the other party to the application. 38. The Tribunal conducts reviews on the pape...
...and filing it with the Tribunal. CONDUCTING THE REVIEW Reviews on the papers 37. The Chair assigns each application to a Tribunal Member who will conduct the review and issue a decision. Tribunal Members are independent Judicial Officers. To protect that independence, parties should not contact Members. Any material to be put before a Member must be filed with the Tribunal and will be shared with the other party to the application. 38. The Tribunal conducts reviews on the pape...
...of her unwellness, some compounding personal challenges, and her consequent inability to “front up” to her professional duties or to take steps to obtain adequate help. Harsh though it may seem, we do not excuse these defaults. Our duty to protect the public requires us to take an adamant line. Unwellness can affect any lawyer at any time. Our message to the public and the profession is that, where unwellness intrudes, the professional obligation to obtain help, transfer work...
...after not paying any further repayments, for about a year until April 2023, and being aware HD knew about their financial struggles, he believed HD was no longer pursuing the loan repayments. Further, MN said DD told him the loan was being taken care of in their relationship property division and she forgave MN and LD what she considered to be her share of the loan repayments. Thus, MN said that, as communication had broken down between the parties with the challenging family situatio...