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1. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...he had done so and the stated intention of the parties was to have the ownership of the property registered in the manner as contended for by Das, he would have had to have taken steps to have Das’s partner sign an authority and instruction form; and (h) if it had not been the intention to register the property in the name of Mr and Mrs Dash (as trustees of the trust), it would have made no sense for him to have prepared the documentation to record ownership of the property in...

2. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...were moving overseas and would negotiate for the chattels/furniture to be included. [5] On 4 December 2021, the applicants visited the property. Because of the ongoing COVID-19 pandemic, the licensee enquired as to their vaccine status and requested they wore face masks. [6] On the same day (at 4:33 pm), the applicants sent an email to the licensee stating they were “very interested” in the property and posing questions, the most important being about the “water issue...

3. 03.-Evidence-of-Mr-Dean-Wilson-Muaupoko-Tribal-Authority.PDF [PDF, 402 KB]

   ...Puihi and Winara Te Raorao. Hoani’s protests were rejected because the Crown did not want a kainga anywhere near the township. The demise of the Muaūpoko vision even extended to the name of the new township. Rather than carrying the appellation requested by Muaūpoko – Taitoko – it was instead named for W. H. Levin, a director of the Wellington and Manawatū Railway Company who had never set foot on the land.4 44. The crucially important 14,975-acre Horowhenua No. 11 block, inc...

4. Robinson - Te Tii A Waitangi Marae (2023) 261 Taitokerau MB 220 (261 TTK 220) [pdf, 367 KB]

   ...obligations. [112] Trustees have an obligation to keep and maintain trust documents. They also have an obligation to disclose certain trust documents to beneficiaries. Those obligations are not absolute. It depends on the nature of the document requested, who is requesting it and for what purpose. [113] The document Mr Mihaka refers to is not a trust document. It was signed by kaumatua and kuia seeking to establish a mental health peer support network database. That is a ve...

5. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   ...very high and outstanding natural character in the coastal environment; from inappropriate subdivision, use, and development, and restore or rehabilitate the natural character of the coastal environment where appropriate. Safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems by: (a) Protecting Indigenous Biological Diversity Areas A, (b) Maintaining Indigenous Biological Diversity Areas B; (c) Promoting the maintenance of i...

6. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...clients visited Dr SY at home at Mrs JE’s behest. I have therefore disregarded the effect of those visits on Dr SY, for the purposes of determining this aspect of the complaint against Mrs JE. [50] The telephone calls and letters in which Mrs JE requested church finance records, according to her clients’ instructions, were held by Dr SY in her capacity as treasurer. Mrs JE’s clients’ case rested in part on their view that Mr AC and Dr SY had mismanaged the congregation’s...

7. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ 1 2- of the Resource Management Act 1991 (the Act) the application for enforcement orders under s314 and s319 of the Act THE NEW ZEALAND FAIRY TERN CHARITABLE TRUST (ENV-2019-AKL-000137) Applicant AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner A C E Leijnen Commissioner M Mabin Parties: P Muir for The New Zealand Fairy Tern

8. LCRO 148/2020 PV v GY (31 May 2021) [pdf, 269 KB]

   ...PV records the following: Confirmed CB doesn’t want disclosure of records, wants to instruct me understands waiver of any conflicts must advise if conflict between her and RS arises – none at the moment. Confirms will email Dr and [City] DHB requesting not to disclose. Very concerned request is for the benefit of ex-husband Sgt DG. 4 [20] Ms PV says that at this point she decided to consult Mr KQ. Those discussions involved a consideration of the issues engaged by the Poli...

9. CAC 20003 v Fourie [2014]NZREADT 71 [pdf, 63 KB]

   ...significant personal stress and was out of character with his life prior to and subsequent to that time. [22] Ms Earl submits that actions taken by licensees in their personal life, that is, outside the sphere of real estate agency work, are capable of forming the basis of misconduct charges under s.73(a) and, where that action results in a conviction, under s.73(d). That is correct. Where non-real estate agency work is involved in a charge under s.73(a), the key enquiry is whether th...

10. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

    ...he was authorised to accept service on her behalf, constituted unsatisfactory conduct by the lawyers. Background [2] Mr GU instructed Mr CL and Mr ZA in late 2012. Mr GU was endeavouring to resolve disputes over relationship property with his former wife, which had eventuated as a result of the Christchurch earthquakes. Mr GU’s situation was made more difficult by the parties having signed an agreement pursuant to s 21 of the Property (Relationships) Act 1976 (PRA) in full and...