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1. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...out to them. 12 [83] Mr GN submitted that Mrs IG was not disadvantaged by the reinvestments he had made. He also pointed out that ultimately Mrs IG received very little of the trust capital as a significant portion went towards her legal fees. [84] Mr GN submitted that he was not aware that he was doing anything wrong when he made the reinvestments. He acknowledged that he did not seek advice about what he ought to do in the particular circumstances he faced, which were that...

2. McCarthy - Estate of Huia Maria McCarthy (2014) 88 Taitokerau MB 115 (88 TTK 115) [pdf, 532 KB]

   ...confirmed. E. Upon release of the sum of $762.08 held by the Maori Trustee's Office for payment to the estate of the [ate Huia Maria McCarthy, that sum shall be paid entirely to Gary Riini Anderson of Christchurch as a contribution to the filing fee paid by Barbara in bringing the Family Protection claim. F. Once the Maori Land Court has approved the transfers of land interests and shares in the Incorporations referred to in recital7A and Maori Investments Limited have agreed to t...

3. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...gravity to merit the imposition of a disciplinary sanction, failed to explain why the purported failure was of significance. • The requirement to complete a file note must be referenced to objective reasons. • Counsel for the plaintiff in the civil proceedings had deliberately endeavoured to discredit him. • He had “got offside” with the presiding Judge and as a consequence had been subjected to gratuitous comments from the Judge. • No evidence was adduced to sup...

4. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...an authority to uplift Mr RN’s files to Mr HD. December 2010 [21] In 8 December 2010 Mr QW wrote to Mr HD enclosing various documents. [22] Mr HD wrote back on 21 December confirming he acted for Mr RN. Mr HD made inquiries about Mr QW’s fees, and handling of matters on behalf of Mr RN, 5 including documentation of the loan and security arrangements, the advice provided to Mr RN and the date on which Mr QW’s office had paid the loan funds from his trust account to the bo...

5. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...constitute a whānau trust in respect of any beneficial interests in Māori land or General land owned by Māori ... .” c) General land owned by Māori is defined in section 4 of the Act as “General land that is owned for a beneficial estate in fee simple by a Māori or by a group of persons of whom a majority are Māori.” d) Neville David Nathan (a Māori) was recorded as the sole proprietor of the General land in LINZ records (CFR NA89A/562), and therefore the Māori...

6. LCRO 34/2018 GR v [Area] Standards Committee [X] [pdf, 199 KB]

   ...the date of this decision. [87] The order for costs is made pursuant to s 210(1) of the Lawyers and Conveyancers Act 2006. [88] Pursuant to s 215 of the Lawyers and Conveyancers Act 2006 I confirm that the order for costs may be enforced in the civil jurisdiction of the District Court. Publication [89] Pursuant to s 206(4) of the Act I direct that this decision be published so as to be accessible to the wider profession in a form anonymising the parties and bereft of anything as...

7. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...Ratcliff called the psychologist on 12 February 2018. He provided his invoice the same day, and it was paid by Turuki immediately. [18] Ms Simpson had some conversations with Ms Makea-Ruawhare concerning the non-payment of the general practitioner fees. Ms Simpson gave evidence that Ms Makea-Ruawhare was distressed about the matter. [19] However, neither Ms Simpson, nor Mr Halse, followed up the non-payment with Turuki. Instead, on 1 March 2018, Ms Simpson sent a letter to thr...

8. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...that finding in circumstances where she was not Ms SL’s client. Whether Ms SL owed her a conventional duty of care in negligence is highly contestable. [61] The disciplinary process does not offer a parallel jurisdiction to the conventional civil courts where there are rules of procedure, and evidence is given and tested also within defined rules. [62] The process by which professional conduct decisions are made, such as this review hearing, is primarily inquisitorial and relat...

9. O'Hagan v Police [2020] NZHRRT 22 [pdf, 827 KB]

   ...information was used successively to show that my former wife had in fact been untrue, and therefore discredited she would have chosen a path of getting help rather than hostility, saving me and my family thousands upon thousands of dollars in legal fees and millions of dollars in hurt and unhappiness, hence why a maximum payout is required. Destroying relationships and opportunities between me and my boys beyond repair. [70] Taking the foregoing into account it is our conclusion on the...

10. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

    ...population, sometimes the conduct of lawyers in those heated circumstances is poor. On occasion, they may have behaviour-restraining orders made against them, on a temporary basis. While 1 For which there are remedies in both the Family and Civil jurisdiction of the District Court. 2 Section 7(1)(a)(i) of the LCA. 3 Which involves good judgement and high ethical standards. 4 When personal conduct is involved, under s 7(1)(b)(ii). 4 not tolerating domestic violence in t...