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1. Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust (2015) 116 Waiariki MB 288 (116 WAR 288) [pdf, 245 KB]

   ...the trust, pending the completion of these proceedings. [8] A second hearing of the application was held on 2 May 2013 which, due to my unavailability, was heard before Judge Doogan. 5 At that hearing the applicant, through his counsel, again requested all financial records be supplied by the respondents. Counsel also alleged that the respondents had breached the injunction and accessed funds from the bank account. [9] The application was adjourned sine die and directions iss...

2. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...midpoint of the riverbed. [23] Te Tawa Kaiti relied upon the expert evidence of Scott Williamson a surveyor and Phillip Wallace a consultant engineer. In their opinion the true left bank followed the top of a rock riprap (rocks and stone used to form a foundation for a breakwater) and then proceeded in a northerly direction following the edge of a line of vegetation. 6 I acknowledge that these were the issues as framed...

3. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...February 2014. TH’s evidence troubled Ms AN because she considered it relevant to MM’s safety, so she made enquiries of MM’s paternal grandmother. The grandmother’s version of events was inconsistent with TH’s evidence. Ms AN says she formed the view that, at Ms DH’s instigation, TH was lying. That cannot be the same complaint that was determined by the conduct decision on which the decision on review is founded because Ms DH filed that in June 2014. [17] At the hea...

4. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...home, and more generally where substantial time has been incurred on “research”, “preparation” or similar. Investigation into use of Power of Attorney 13 [30] The investigation into the alleged abuse of the power of attorney formed a substantial part of fee invoices 3189 (30 April 2008), 3198 (30 May 2008), 1861 (30 June 2008), and 3231 (20 October 2008). Although it is not possible to determine with exactness the amount of time devoted to that issue, a conserv...

5. LCRO 64/2018 IG v PC (1 August 2018) [pdf, 283 KB]

   ...must pay the legal fees of counsel instructed. [101] However, the Committee clearly turned its mind to that issue because it noted:19 [T]here is no record of any … complaint being received from [Mr E] although it was confirmed that [he had] requested, and was sent, a complaint form. [102] Mr PC’s fees had been outstanding since at least 22 February 2017. His complaint about that was made on 5 April 2017. The Committee’s determination is dated 19 March 2018. Complaint about...

6. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...(Reinstating three strikes) Amendment Bill Date of issue: 06 August 2024 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 04. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it...

7. Auckland Standards Committee 1 v Arman [2020] NZLCDT 17 (22 June 2020) [pdf, 289 KB]

   ...fall within this category. 7 Dorbu v New Zealand Law Society [2012] NZAR 481 (HC) at [35]. 8 Bolton v Law Society [1994] 1 WLR 512, at 518. 9 Hart v Auckland Standards Committee 1 [2013] 3 NZLR 103 (HC). 10 [187] In cases involving lesser forms of misconduct, the manner in which the practitioner has responded to the charges may also be a significant factor. Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been e...

8. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...BETWEEN ZA Applicant AND YB Respondent DECISION – RECUSAL The names and identifying details of the parties in this decision have been changed. Recusal application [1] At the start of the review hearing in October 2015 Mr [ZA] requested an adjournment, and asked me to recuse myself from this matter and three other applications for review made by Mr [ZA] which were heard the same day.1 [2] I declined to recuse myself on the day of the hearing on the basis that I did no...

9. Guest v New Zealand Law Society [2010] NZLCDT 16 [pdf, 69 KB]

   ...begin practice in the limited way in which he was authorised, in terms of the undertakings he was required to give. It was also necessary for him to hold a Practising Certificate. In accordance with the usual practices the Appellant completed a form of Application for a Practising Certificate on 19 November 2009 and submitted this to the New Zealand Law Society. The Appellant’s Application was considered by the Board of the Society which declined the Appellant’s Application....

10. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

    ...Mr C Morris for practitioner Mr Burcher Mr J Katz QC for practitioner Mr Short Mr G Blanchard for practitioner Mr Macdonald DECISION OF THE TRIBUNAL [1] Messrs Burcher, Short and Macdonald are senior, respected practitioners, formerly in partnership with each other, who have come before the Tribunal on charges relating to non-compliance with the rules governing the operation of solicitors’ nominee companies. 3 [2] The breaches of the rules cover periods...