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1. Waikato Bay of Plenty Standards Committee 1 v Silvester [2023] NZLCDT 47 (31 October 2023) [pdf, 86 KB]

   ...Silvester lied to her supervising partner by falsely claiming that the client had initialled the amendments prior to settlement. • Ms Silvester fabricated an email to support this lie. • In 2022 Ms Silvester certified that the copy of an enduring power of attorney (EPOA) was a true and correct copy without actually sighting the original EPOA. • The certified copy differed from the original EPOA in a significant respect. 1 Bundle, 38 – 40. 3 • When aske...

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

   ...experienced Auckland lawyer, and by Mr CX, a specialist in legal costing matters (and whose costs assessment advice to the New Zealand Law Society had been discussed in LCRO 99/2010). Although Mr CX’s appointment was pursuant to s. 144 of the LCA (power to appoint an investigator) I did not accept the Practitioner’s submission that the resulting report was essentially anything other than another costs assessment, albeit having reference to prior costs assessments.6 [10] Co...

3. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...unsuccessful. 6. The purpose of the YSO declaration is to enable a faster, stronger and targeted response to serious and persistent youth offending where previous interventions have been unsuccessful. The YSO declaration will ‘unlock’ additional powers for the Youth Court and Police to achieve these outcomes: for example: strengthened Youth Court orders, sentencing considerations, placement considerations and monitoring as well as faster responses when dealing with breaches of bail...

4. [2013] NZEmpC 192 Gupta v Infosys Technologies (Australia) Pty Ltd [pdf, 113 KB]

   ...say that on 4 October 2013, Mr Gupta sent an email to the Registrar of the Court of Appeal which commenced: Dear Registrar. I trust you are doing well. I am writing to you for a case of mine as I am/have not been advised appropriately by the attorneys. My case is currently with the employment court... [4] The Registrar responded on 7 October 2013 advising Mr Gupta of the role of the Court of Appeal and pointing out that until such time as the Employment Court makes a decisio...

5. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

   ...death. [9] (A) and Mrs O had five children, four daughters and one son: RB, NO, GO, EO and IO. All were independent adults with their own families at the time of (A)’s death. [10] RB was (and is) married to Mr UB. RB was also her mother’s attorney pursuant to an enduring power of attorney as to property.1 [11] At the time of (A)’s death, NO and her husband were voluntarily maintaining the farming operation, with assistance from other family members. The farm was run- down....

6. Wellington Standards Committee v Pine [2015] NZLCDT 24 [pdf, 73 KB]

   ...not otherwise connected with, the preparation of the GFT deed; (d) Allowed Mr G to sign two Authority & Instruction forms for an electronic transaction for Mrs G without adequately verifying that Mrs G had authorised him to do so under an Enduring Power of Attorney; (e) Fabricated witness details on the two Authority & Instruction forms referred to at (d) above; (f) Misled his employer as to the accuracy of the GFT deed and two Authority & Instruction forms; (g) Fa...

7. 2014 archive

   ...applications for legal aid in proceedings under the Protection of Personal and Property Rights Act 1988 (‘PPPR Act’). From 4 August 2014, unless there are Court orders in place appointing the applicant as Welfare Guardian or Property Manager (or there is an Enduring Power of Attorney) we will treat the person of full age and capacity as the applicant for legal aid in PPPR proceedings. In these circumstances, the application for aid will be assessed on the applicant’s finances. Legal aid f...

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8. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...resulted in these proposals. 34. On balance, I conclude that the Bill falls within the scope of proportionate measures permissible under s 5 of the Bill of Rights Act. 35. The Bill is, in my view, consistent with the Bill of Rights Act. Hon Simon Power Acting Attorney-General Footnotes: 1. Ministry of Justice (2009). 2. Attorney-General v Ngāti Apa [2003] 3 NZLR 643 (CA). 3. Re the 90-Mile Beach [1963] NZLR 461 (CA). 4. Mana tuku iho is an “inherited right or authority d...

9. 2013 archive

   ...Palmerston North and Hutt Courts respectively. Back to top Protection of Personal and Property Rights Act 1988   Who is the legal aid applicant? Whose resources should be used? Who should sign the application? No existing PPPR Act orders or Enduring Power of Attorney (EPOA) Person of full age and mental capacity legal aid applicant Legal aid applicant Legal aid applicant Where there is an existing order under PPPR Act appointing legal aid applicant as 'representative' Other party Su...

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10. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

    ...not contest M’s complaint that he was subjected to electroshocks and drugging for non-therapeutic purposes while at the Unit. (iv) Did not provide M with appropriate redress including fair compensation and rehabilitation for the torture he had endured, in violation of his rights under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [34] The Royal Commission of Inquiry into Historical Abuse in State Care and In the Care of Faith Based...