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LCRO 187/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN MO Applicant AND FP Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms MO has applied for a review of a decision by the [Area] Standards Committee [X]. [2] That decision c
...claim entitlements are fulfilled”. As a result it was Mr Thompson’s submission: 2.5 A claimant will be ‘entitled to continue to receive the entitlement’ whenever the two requirements in section 67 are met. It follows that where cover endures (s 67(a)), entitlements may only be suspended under s 117(1) if the statutory tests relating to those entitlements are no longer fulfilled (s 67(b)). 2.6 Often, the respondent uses s 117(1) to suspend all entitlements at once. This i...
...denied an opportunity to respond to the allegations that had been made. This ground is dismissed. Factual error [20] The next ground raised by Mr XX was that the LCRO had erred in fact by concluding that Lawyer D’s failure to respond to Mr YY endured for a period of 4 months. Mr XX referred to a telephone call that had been made by Lawyer D to Mr YY on 11September. [21] It is accepted that the telephone call of 11 September was not referred to in the LCRO decision. This wa...
...definitive diagnosis. The symptoms of the disease are that Ms XXXX has to use a toilet some 10 times a day, and do so in circumstances of urgency. The symptoms are most acute in the early part of the day. Ms XXXX does not believe that she could endure the long distance flight from Spain to New Zealand without soiling herself, given the restrictions on the use of toilets on such flights. The toilets may not be used during critical phases of the flight or in turbulence, and they are n...
...review hearing was held, where the Practitioner attended with the support of his Counsel, JS. Counsel’s submissions were largely advanced on two fronts. The first explained the extremely difficult personal circumstances that the Practitioner had endured in recent times, which accounted for his inability to engage with the Standards Committee in its enquiry. [11] The second ground advanced was based on the cost of a prosecution which, submitted the Practitioner, was unjustified...
...Minister for Crown/Māori Relations to stop his colleagues talking about a ‘post-Treaty future’ because this mischaracterises the relationship, “There is no such thing as a post-Treaty future, as the Treaty is a living document, that Māori endure, and that the Treaty needs to be at the heart of the relationship”. • Partnership beyond consultation - Many speakers noted the need for the Crown to co-design policies and the need for more meaningful involvement of Māori beyon...
...particularly the requirement for the Court to be satisfied that the owners understand that an occupation order may pass by succession. In all probability most consents to existing orders would have been given on the understanding that the order would only endure for the life of the holder and no thought would have been given to the possibility of succession. [17] There is no doubt that the purpose of the amending legislation referred to is to provide for succession to occupation ord...
...suffered by Mrs Henare which caused her some incapacity from December 2020 to February 2021; and, finally, delays resulting from Mr Ututaonga wanting to take breaks from writing documents, as he says he could not bear to relive what he says he endured while working with North Western Farms. [8] Mrs Henare’s affidavit is more in the nature of a submission than evidence. It also attaches several attachments, most of which are again directed to Mr Ututaonga’s substantive complain...
...FCC was the same as a cash refund could be seen as a breach of the contract wording, that decision was made after the fact and was not a factor in the decisions as to whether the Applicants continued their trip or returned to NZ or the stress they endured. 31. The Contract expressly stated that if the Applicants wished to curtail their trip then they had to provide proof that they were medically unfit to continue, which they didn’t and weren’t. 32. Accordingly, the is no basis f...
...important to both D and F. That includes financial support generated by ZUW, which was likely to be compromised by publication if there is an adverse impact on the business. An inference invited to be drawn was that, if publication occurs, D will endure unwelcome scrutiny for maintaining close contact with the director. D is also concerned about the potential impact on her other personal relationships and career prospects. She felt a deep sense of shame over what happened and need...