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1. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

   ...sufficient notice to the profession of Ms Lieven’s behaviour and the conduct and circumstances do not warrant a censure. [43] With regard to further training, Mr Hayes queried what training would assist. He submitted that as an appeal has been filed, the High Court will supply sufficient training 7 Real Estate Agents Authority (CAC 10054) v Subritzky [2012] NZREADT 20. 8 Re Complaint No C26114 (6 June 2019). 9 Re Complaint No C20552 (2 May 2018). 10 Re Complaint No C20552 (31 Au...

2. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...the centre property within two months and the actual 2012 financial accounts. [59] As to the year ending 2012 accounts, which I required Ms He to bring, that showed a break even figure. This was achieved by deducting sufficient director’s fees to ensure that no profit showed. Had those director’s fees not been deducted, there would have been a profit in excess of $63,000. Those accounts also showed an increase in the rent even though the directors apparently became the landl...

3. Coxon v New Zealand Law Society [2010] NZLCDT 1 [pdf, 240 KB]

   ...time; 38.4 he gave her “pearls of wisdom” to assist her with matters with which she may be dealing from time to time [39] During examination Mr Harder said that he regularly updated Ms Coxon’s computer system to audit the fifty plus files active at any time, ascertaining the state of proceedings (which are in Court, which are with the Police, and which are in the office and requiring attention from Ms Coxon). [40] He noted that everyday he and another employee g...

4. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

   ...those complaints. The Standards Committee concluded that it was satisfied with the overall conduct of Mr AD and that, having regard to all of the circumstances, no further action was necessary or appropriate. Application for review [99] Mr WS filed his application for review on 17 December 2013. Mr WS submits: (a) The Committee disregarded the investigator’s conclusions that Mr AD was conflicted in relation to Unit M. (b) Mr AD has misled both the Courts and the Complaints Servi...

5. Paikea - Otara 5D1 (2016) 140 Taitokerau MB 78 (140 TTK 78) [pdf, 220 KB]

   ...block in favour of BNZ as mortgagee, and the applicants as mortgagors. 2 [6] This application was heard on 22 September 2016. 3 Mr Paikea and Ms Rooney appeared in person. Notices of intention to appear in opposition to the application were filed by Esther Gray, Te Aroha Marshall, Harry Paikea, Fiona Paikea, Benjamin Paikea, Samuel Paikea and T Paikea. Mrs Gray and Mrs Marshall also presented oral submissions opposing the application. [7] After hearing from the parties I re...

6. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...your client to do would be to engage in a discussion of accepting responsibility, improving the atmosphere between us and working out a settlement. However, if your client has a policy of denial and fighting hard that will certainly increase your fees but that will result in my filing for any and all damages to which I am entitled under New Zealand law. I look forward to a reasonable response from you. [12] Mr LS replied that day. He invited Mr FZ to provide further information if he...

7. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...ensure sufficient lawyers are available to meet the needs of the participants and the AODT Court • oversee workflow so matters progress efficiently • conduct quality assurance and other checks of AODT defence lawyers’ performance, including file reviews and court observations at regular intervals • be sufficiently familiar with participants’ cases to act for or on behalf of team members who are unavailable • attend to administrative matters including: o manage the ros...

8. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...length of time that had elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made, investigation of the complaint was no longer practicable or desirable. Application for review [25] Ms YY filed an application for review on 30 November 2020. [26] She submits that that:2 (a) the EQC assignment should have been completed but was not; and (b) as a consumer, she deserved to be protected from failings on the part of lawyers in...

9. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...43 Takitimu MB 220 Introduction [1] Big Hill Station (BHS) seeks costs against Awarua o Hinemanu Trust in relation to proceedings for access to landlocked land per s 326B of Te Ture Whenua Māori Act 1993. The application was originally filed in 2003 and eventually dismissed in 2013 on the basis that the proceedings could not be determined until outstanding issues concerning the administration of the trust had been resolved. In short, the trust had fallen into administrative...

10. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

    ...chattels; and/or • Whether or not compensation should be paid to the Ottoways for the resources expended by their father and family on the property, if in fact the buildings are fixtures. APPLICATIONS 1. Application No A20010003959 Caroline first filed this"application in July 2001 for a determination of ownership of the house on Te Kaha B6X2. The ground for bringing the application is the previous ownership of the land by Rakairoa Ottoway, her mother. 2. Application No A20...