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1. LCRO 212/2015 KC v MZ (24 August 2018) [pdf, 115 KB]

   ...no further action in respect of his complaint concerning conduct on the part of Mr MZ. Background [2] Mr KC instructed Mr MZ to represent his interests in a Family Court proceeding that resulted in a division of property between Mr KC and his former partner, Ms UV in July 2014. Mr KC was disappointed in the result. He says he lost too much and didn’t gain enough. Mr KC does not accept that Mr MZ conducted his matter competently and carefully. He made a complaint to the New Z...

2. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...charge of disgraceful conduct under s 73(a). [2] The Committee and Mr Papuni have agreed a statement of the relevant facts, and have made submissions as to the charge and the appropriate penalty to be imposed. The Tribunal is required to make a formal finding as to the charge, and to determine penalty. Facts [3] At the time of the relevant conduct, Mr Papuni was engaged by Forrest Hill Realty Ltd. On 6 December 2018, he was engaged by the Yuxuan Co Ltd (“Yuxuan”) to m...

3. [2020] NZEmpC 140 Mataura Valley Milk Ltd v Scott [pdf, 246 KB]

   ...and relying on Capital + Merchant Finance Ltd (in rec and in liq) v Perpetual Trust Ltd [2014] NZHC 3205, [2015] NZAR 228. was no connection between Happy Valley and the subject matter of the proceeding compounded in this case because the request was to be joined as a third party. Third parties are usually joined where the defendant is entitled to some sort of relief from that party, connected with the subject matter of the proceeding.5 Mr Smith pointed out that, as well a...

4. 2021-03-01 ORC - MOC - PC7 - mining permits - annexure E [pdf, 452 KB]

   ...race or dam for which a current mining privilege has been granted, and for the deposit of soil and other matter removed from the race or dam, the privilege shall, during the currency thereof, entitle the holder of the privilege to occupy the land forming the course of the race or, as the case may be, the site of the dam, and also such other land as is specified in that behalf in the privilege. S11 Retention of right of priority – Every holder of a current mining privilege who h...

5. 2021-03-01 ORC - MOC - PC7 - mining permits - annexure D [pdf, 23 MB]

   ...any race or dam for which a current mining privilege has been granted, and for the deposit o f soil and other matter removed from the race or dam, the privilege shall, during the currency thereof entitle the holder o f the privilege to occupy the land forming the course o f the race or, as the case may be, the site o f the dam, and also such other land as is specified in that behalf in the privilege. SI I Retention o f right o f priority — Every holder o f a current mining privilege who hold...

6. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...legal arguments without substance. The Council's engagement with Wilkins prior to evidence exchange [5] Wilkins contends that the Council failed to engage with it to reach an agreed position on conditions prior to evidence exchange, ignoring requests from Wilkins and eventually putting forward conditions two days before evidence was due. This resulted in further evidence needing to be prepared.6 [6] The Council rejects this criticism, noting that it was not afforded enough time...

7. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...supervised by the Maori Land Court. The Beneficiaries argue that, while the Maori Land Court has broad powers, the High Court has similar broad powers of review, but these do not supplant the specific rules of the common law and equity setting out what forms of relief ought to be available and in what circumstances. While that may be true, the Maori Land Court’s role is very different from that of the High Court. The Maori Land Court is actively involved in the setting up of trusts...

8. Nelson Standards Committee v Smith [2018] NZLCDT 34 [pdf, 171 KB]

   ...Committee had sought a 12-month suspension but that was premised on a finding of misconduct rather than unsatisfactory conduct. Ms Carter accepted it would be open to the Tribunal to impose a lesser term of suspension than had been sought or other forms of penalty. She accepted that given that the practitioner had not renewed his practising certificate after June this year, that the suspension for a short term appeared 9 somewhat academic. Providing that public protectio...

9. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...Committee receiving Mr BW’s complaint as a conduct, rather than a fee, complaint, and I have found no reason to adopt a different approach from the Committee’s, on review. [45] Consequently, Mr BW’s complaint that he was overcharged, and his request for a refund, will receive no further attention on review. For completeness, in the course of this review I have considered whether there is any other reason to make remedial orders in favour of Mr BW, and find there is not....

10. GQ v TO LCRO 57 / 2011 (12 January 2012) [pdf, 104 KB]

    ...1997. At that time, she instructed him to prepare a will for her. He received further instructions from her again in December 2003 to effect changes to her will, and a draft of the changes was sent to her at that time. [5] In August 2004 she requested amendments to that draft which were made, and the will was signed in September 2004. [6] In January 2006 she again made contact with Mr TO to instruct him to prepare Enduring Powers of Attorney for her. She wished to appoint h...