Search Results

1. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...conduct. [23] As to general deterrence, Ms Dew submitted that it is important that a standard of conduct towards colleagues is marked out. We accept that even where a personal relationship exists between colleagues, there is an expectation of civility and decency in lawyers. It is Ms Dew’s submission that nothing short of a period of suspension from practice will mark the seriousness of the conduct under consideration and provide sufficient deterrence to other lawyers. [24] Mr...

2. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...The Ministry has based the assessment in this RIS on the intention that the trust law reforms should not impede the use of trusts in capital markets. The Ministry’s views were informed by a targeted group of participants from the finance sector and feedback from submitters on the exposure draft of the Trusts Bill. The Ministry sought independent advice from external experts on commercial and trust law, and capital markets. It is not known how many commercial and financial trusts current...

3. Bamber v Monschau - Tahorakuri A No 1 Sec 33A 2 (2019) 218 Waiariki MB 292 (218 WAR 292) [pdf, 415 KB]

   ...the Court. Instead, he advised he would not follow the Court order until his allegations of fraud had been heard. Mr Temm submitted that allegations of fraud are serious and Aaron Bamber’s claim, that the $70,000 of trust funds spent on legal fees, accounting and expert witness fees without the Court’s endorsement is fraud, is unsupported by evidence. The trustees have the power under their trust deed to employ lawyers and accountants and approve trust expenditure by majority....

4. Kidd v Maori Owners - Whenuanui No 2B [2021] Chief Judges MB 1409 (2021 CJ 1409) [pdf, 356 KB]

   ...must offer the land to the preferred class of alienee to buy before selling the land, in accordance with s 147A of Te Ture Whenua Māori Act 1993. [27] With reference to s 209(3) of the Māori Affairs Act 1953, counsel submits that the full fee simple parcel of land would need to be entirely owned by a European owner if it were to become European land in accordance with the provisions of that legislation. Counsel further submits that in regard to this matter, the relevant transfers...

5. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...found to be dishonest on multiple occasions. SUBMISSIONS ON SANCTIONS [108] As the complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [109] A timetable is set out below. Any request for the refund of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. [110] This is the fourth complaint upheld against Ms Tian. Her licence is currently suspe...

6. Te-Au-Reka-and-Family-Court-Rules-Consultation-Paper-270923-v2.pdf [pdf, 940 KB]

   ...processes. CONSULT ATIO N C LO SED 2 Ministry of Justice Consultation Paper: Family Court Rule changes to enable Te Au Reka. September 2023 The full Te Au Reka capability model is available here.1 Parties will have the ability to file, pay fees and track the progression of their applications and cases online through a portal. Where appropriate, they will be able to access court documents and documents filed by other parties, providing them with a single trusted source of informat...

7. LCRO 10/2024 BV and XV v OQ (28 May 2025) [pdf, 298 KB]

   ...XV’s insurance cover. [14] Mrs BV and Mr XV terminated their retainer with Mr OQ on or about 18 December 2018. [15] Following that, Mrs BV and Mr XV complained to the New Zealand Law Society Lawyers Complaints Service (Complaints Service) about fees charged by Mr OQ. 3 [16] A Standards Committee inquired into that complaint and determined to take no further action on it. [17] Mrs BV and Mr XV did not apply to this Office to review the Standards Committee’s determination. [...

8. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   41 Takitimu MB 102 IN THE MĀORI LAND COURT OF NEW ZEALAND TĀKITIMU DISTRICT A20080006586 A20100012206 A20140005905 UNDER Sections 37, 231, 237,238 and 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF The Tataraakina C Trust BETWEEN HENARE TONGARIRO PUWAI RĀTIMA Applicant AND GEORGE SULLIVAN, HORO EDWARDS, IVY KAHUKIWA SMITH, JOHN WANO, AND TANIA HUATA KUPA AS TRUSTEES OF THE TATARAAKINA C TRUST Respondents Hearings: 12 T�

9. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [pdf, 286 KB]

   ...documents to her. [15] According to the client, he did not talk to anyone at IAL Employment, nor anyone at the employer. The immigration “officer” was Ms Shearer. He had not spoken to her. The employer had shouldered the visa and medical fees. The client said he was an experienced truck driver and had previously worked for a Saudi company. Immigration New Zealand raises concerns [16] Immigration New Zealand became concerned about the applications. In February 2016, it sen...

10. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 598 (2013 APPEAL 598) [pdf, 233 KB]

    ...provisions in the LTA and the principles of the Torrens system by which the registered proprietor’s estate or title is paramount against interests that are not notified on the register.21 [44] Upon the vesting of the lands in the trustees they take fee simple title and hold the lands subject to the terms of the Trust and prior registered interests. As against the trustees, Mr Nicholls has no countervailing or superior legal entitlement that would enable him to remain in occupatio...