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1. Muller v Yerman [2015] NZIACDT 77 (25 June 2015) [pdf, 202 KB]

   ...professional services. The difficulty Ms Yerman faces is not that her fees were necessarily unjustified; but that the 2010 Code required her to enter written agreements and attend to disclosure of fees. These 7 are conventional consumer protection provisions that typically apply to licensed professionals. The bulk of the work Ms Yerman performed was not directed to the services for which she had an agreement; they were directed to work where: [28.1] She failed to document t...

2. VX & VXZ v North Island Standards Committee LCRO 126 / 2012 (5 June 2013) [pdf, 103 KB]

   ...operate a trust account, to conduct significant trust account activity through what he referred to as a “surrogate” trust account. [17] The validity of that submission is self evident. The Act and the Regulations are designed to ensure protection of client funds, and if a lawyer is able to avoid the application of the various provisions by an arrangement such as this, that objective would not be met. [18] In addition, Mr AS argued that the arrangement adopted by the lawye...

3. DG v YT Ltd [2014] NZDT 566 (19 May 2014) [pdf, 157 KB]

   ...that her passengers were not a contributing factor, but I am unable to make a finding that this was probably so. This is so for the following reasons: a. Restricted licences have always been subject to rules about passengers and supervisors to protect inexperienced drivers from the heightened risk of mistakes by those who breach them. Inexperienced drivers tend to be more easily distracted and teenagers are yet to develop full cognitive abilities that enable them to make appropria...

4. Prakash v Zhou [2014] NZIACDT 117 (28 November 2014) [pdf, 191 KB]

   ...Determining the value of professional work, and negotiating what is to be paid requires knowledge and experience in immigration, and assists with an immigration matter. [41] The purpose of the Act is set out in section 3, and it includes promoting and protecting the interests of consumers receiving immigration advice. Abusive practices in relation to fees were certainly among the concerns the Act was intended to meet. Some confirmation licensed immigration advisers are responsible for...

5. AS v ZF LCRO 59 / 2010 (14 March 2011) [pdf, 142 KB]

   ...Committee‟s determination records the circumstances in which the client‟s funds were received by the Practitioner and paid into his office account. [56] The reason provided by the Practitioner for this was that Mr AT required his fees to be protected. As Mr AT was engaged in Fiji at the time, he was unable to advise who his instructing solicitor would be. [57] In paragraph 3.2 of the letter accompanying the application for review, the Practitioner suggests that a barrister‟s...

6. Te Tawa Kaiti Lands Trust v Tuhoe PutaiaoTrust - Ruatoki B23 (2008) 123 Whakatane MB 150 (123 WHK 150) [pdf, 2.8 MB]

   ...[41] We therefore conclude that the Court does have jurisdiction to grant an injunction in these circumstances. Interim Injunction [42] It is settled law that an injunction is a discretionary remedy. An interlocutory injullction is grantcd to protect an applicant from injury to its legal or equitable rights 123 Whakatane MB 160 resuiting from delay between the filing of its claim and the trial that cannot be adequately compensated by an award of damages. [43) The essential pur...

7. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...for the parties9 to confer and prior to the conference set out a statement of agreed facts and of resolved and unresolved issues. The statements are to be filed three working days in advance. [23] It is my understanding that the extent to which protection is afforded under a District Plan (both the operative and proposed District Plans) will depend on what is sought to be protected. Landscape evidence should move beyond the merely descriptive and identify the "landscape values&...

8. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...conclusion.10 39. The High Court in Hurunui Water Project Ltd v Canterbury Regional Council11 identified that there are two aspects that need to be stressed when considering the legitimate resort to this jurisdiction: (a) The jurisdiction relates to the protection of the integrity of the Court’s process and the threat must be to the process of the Court which is wrongly being made use of and from which the Court must protect itself; and (b) a charge that a party is misusing th...

9. Trustees of Tuaropaki Trust - Tuaropaki E (2002) 77 Taupō MB 25 (77 TPO 25) [pdf, 340 KB]

   ...also relevant and is illustrative of the support the trustees enjoy. It is evident to the Court that these trustees are fulfilling their obligations of custodianship to ensure that the land and resources entrusted to them are maintained, enhanced and protected both for the current shareholders and also for the future generations of owners yet to come. Summary The Court makes the following orders: (a) pursuant to section 244 of Te Ture Whenua Maori Act 1993, clause 3(b)(ix) of the exi...

10. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

    ...with the same matter, the proper approach to interpretation is to try and give each its effect without creating conflict. If conflict cannot be avoided, then the special statute will usually prevail over the general: [citing Stewarl]. [15] In a careful analysis of these principles, with guidelines, the Environment Court subsequently held in Minister of Conservation v Federated Farmers New Zealand (Southland Province) Inc5 : 2 3 4 5 [71] One is the extent of overlap of issu...