Search Results

1. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...arrangement which is beneficial to both parties. In such cases the Court is 4 55 WAr 284 able to advise' and to assist parties so that they can attain what they seek or come to practical solutions. The present case is different. It involves a civil claim for breach of covenants under a lease. The responsibility rests with the plaintiff to prove that claim on the balance of probabilities. It is not for the Court to advise the plaintiff or any party as to how to conduct his...

2. Hura v Hura - Estate of Maata Raumati (2007) 192 Aotea MB 235 (192 AOT 235) [pdf, 2.3 MB]

   ...Appellate Court acknowledged the need to strike a balance between two situations where litigation is conducted on a relatively infOlmal basis between whanau and hapii contrasted with proceedings prosecuted consistent with the practice in the ordinary Civil Courts, at 66: " ... milch litigation before the Miiori Land COllrt is conducted in a relatively infomwl atmosphere withollt the assistance of legal cOllnsel. The parties are IIsllally individllals and are whanall to each other...

3. ZA v YB LCRO 39/2016 (15-February 2017) [pdf, 171 KB]

   ...alternative, it was incompetent for him not to have understood the very Act, and indeed Practice Note, under which he operates; 3. As a consequence of his failings the profession has been brought into disrepute or in any event has had to waste legal fees on Mr WD’s et al and/or costs to Mr XC such that he should reimburse the profession. I look forward to hearing from you Kind regards, ZA The Standards Committee determination

4. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [pdf, 119 KB]

   ...providing for the regulation of persons who give immigration advice. [33] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

5. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [pdf, 99 KB]

   ...providing for the regulation of persons who give immigration advice. [27] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

6. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...disciplinary process that is independent, transparent, and effective. [10] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appro...

7. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...access to the Lawyers’ Fidelity Fund. … [38] There is no doubt that the practitioner was providing regulated services to the three complainants in their immigration cases. Although the documents were sent out on the chambers’ letterhead and fees paid through that practice, we accept the Standards Committee submission that provision of these regulated services was outside the scope of Ms Dhillon’s employment. This was because she was effectively practising on her own accou...

8. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [pdf, 223 KB]

   ...disciplinary process that is independent, transparent, and effective. [11] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appro...

9. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...the relevant Complaints Assessment Committee. Thus it would not be expected that a complainant would incur significant (or any) legal costs. Further, it is not customary for the Tribunal to make an order that would be akin to “witnesses’ fees” under the rules applying in the civil and criminal jurisdictions. [45] In the present case, the Tribunal has concluded that it is not appropriate to make an order for payment of the claimed legal costs, or to compensate for Mr Beard...

10. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

    HENARE RAKIIHIA TAU V NGA WHANAU O MORVEN & GLENAVY MAC NZ A20070011156 [20 May 2010] IN THE MAORI APPELLATE COURT OF NEW ZEALAND TE WAIPOUNAMU DISTRICT 2010 MAORI APPELLATE COURT MB 167 A20070011156 UNDER Section 58, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Waihao 903 Section IX Block BETWEEN HENARE RAKIIHIA TAU Appellant AND NGA WHANAU O MORVEN & GLENAVY Respondents Coram: Judge P J Savage (Presiding) Judge L R Harvey Judge D