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1. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

   ...Smith and Francis Guthrie Smith (Junior) seek accountability for estate administration and disclosure of information. They complain that aside from one payment of $1,500 in 1997, they have received no benefit from the estate and despite frequent requests, have received no information from the executors as to financials of the estate, asset transfers or expenditure of funds. Those proceedings have, at the parties’ request, been adjourned pending the outcome of this proceeding. The...

2. Paora - Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134 (94 TTK 134) [pdf, 306 KB]

   ...trustee per whānau preferably domiciled in Waitangi iii) Trustees elected by their whānau can only be removed by that whānau; iv) Nomination of trustees will be confirmed at the annual general meeting of Ngāti Rahiri tangata whenua; v) Non conformance of a trustee must be addressed by the trustees in the first instance, then referred to the representative whānau for final resolution; vi) Term of office for a trustee will be three years with the proviso that a trustee has th...

3. LCRO 172/2020 CA v PL (14 October 2021) [pdf, 174 KB]

   ...members of Standards Committees include practitioners who practice in the areas of law under examination and, importantly, lay members. The views of the Standards Committee members cannot be discounted, and in this instance, the Committee has formed the view that Ms PL’s fees were fair and reasonable. [55] I add to that, an observation Ms PL’s discounted rate of $250 per hour charged to Mr CA could be described as ‘more than’ reasonable. Other matters [56] The Committ...

4. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...various minimum employment entitlements. [10] The Inspector’s investigation began on 11 June 2020. She spoke with the common director of the companies, Stuart Biggs, on 27 November 2020 to tell him about the existence of the complaints and to request employment records including a list of employees for each company. On 29 November 2020, he sent some information to her relating to the defendant Star Nelson. However, he did not answer the Inspector’s request to provid...

5. Busby - Okokori B (2012) 50 Taitokerau MB 9 (50 TTK 9) [pdf, 120 KB]

   ...Management Act 1991. In fact, the sections Mr Burgoyne quoted were repealed and substituted by s 124 of the Resource Management Amendment Act 1993. In any event, Mr Burgoyne’s point in referring to these sections appeared to be that he asserted some form of right to an esplanade reserve over Okokori B. This apparently relates to the access issue (which I address next). There is no basis to this ground of opposition. The creation of a Māori reservation over part of a block of l...

6. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...receipt i.e. on 28 May 2010. The cancellation notice required MacPherson to give Wrightson the names and current state of negotiation of any prospective purchaser MacPherson was then dealing with. MacPherson did not provide Wrightson with any such information. [4] A new sole and exclusive agency listing was entered by the appellant (and his wife) with Wrightson on 20 May 2010. The Fishers approached Wrightson on 21 May 2010 about the property and made an offer which led to them an...

7. EO and EP v VO LCRO 240 / 2010 (3 August 2011) [pdf, 109 KB]

   ...denied recalling that his clients said that they did not want to lose the sale, he having understood their instruction was to try and increase the offer. [5] ABR‟s procedure for pre-auction offers requires all such offers to be in a specific form that intending purchasers are required to sign when making a pre-auction offer. Clauses 5 and 6 provide that if an offer is received which is acceptable to the vendor, all other registered buyers will then be contacted and informed tha...

8. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 KB]

   ...SW may have breached r 13.5, which imposes an obligation on a lawyer to maintain his independence in litigation at all times; or r 13.7, which imposes obligations relating to evidence a lawyer may give in a court proceeding. [7] The Committee formed the view that there was the potential for conflict to arise as a result of Mr SW having added himself as a protected person to the application, “without advising his client that it would be appropriate for the client to instruct anothe...

9. NA v AL LCRO 68 / 2011 (10 April 2012) [pdf, 103 KB]

   ...this complaint. Complaint of overcharging [36] The Applicants alleged that the legal fees exceeded, by a large margin, a quote that had been given by the Practitioner. The Practitioner considered that the complaint ignored the fact that requests were made for further or additional work, and that the hearing itself went on longer than anticipated. [37] The Applicants took the matter to the Disputes Tribunal, who considered both the issue of quantum of legal fees that had bee...

10. Jeuken v The Real Estate Agents Authority (CAC 403) & van Schreven [2018] NZREADT 5 [pdf, 250 KB]

    ...NZCA 1, at [36]. [10] Mr Jeuken signed the agreement for sale and purchase of the property on 11 January 2016. As noted earlier, the vendor had bought it from the original developer but had not built on it. The Tribunal understands that it formed part of the garden of the vendor’s property. In July 2016 Mr Jeuken engaged G J Gardner to build a house on the property. He contacted Ms van Schreven shortly thereafter to ask about the sewer lateral. Ms van Schreven in turn conta...