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1. BORA Family Court Proceedings Reform Bill [pdf, 326 KB]

   ...of the Bill will insert a new provision into the Family Courts Act 1980 that seeks to clarify the role of lawyer to assist the court. The role of the lawyer is to provide independent legal advice to the court on any complex factual or legal issue requested by the court; offer an impartial perspective in relation to any issue arising in the proceedings; and do anything else required by or under any Act. 10. Clause 5. 11. See cl 33 regarding the...

2. Yates v Te Kohanga Lots 1 and 3-27 Trust (2010) 13 Taitokerau MB 36 (13 TTK 36) [pdf, 105 KB]

   ...also endeavoured to lay a power cable over the trust’s land to Lot 25 but did not proceed further once it was pointed out that the trust had not consented. Information filed subsequent to the hearing indicates that earlier this year Ms Yates requested a power easement from the trust but the trust declined. Discussion [21] Mr Potter argues that the public reserve created on 20 January 1966 was cancelled by the 1969 order cancelling the trust. He says that legal access was then...

3. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...Ngahiwi Dix consider themselves to be of Ngāti Mutunga descent. [4] The Hokotehi Moriori Trust (“HMT”) represents the imi/iwi of Moriori on Rekohu/Chatham Islands. Since the early 1990’s the Hokopapa/Whakapapa Unit of HMT has received requests from some descendants of Ngahiwi Dix to become registered members of HMT in the belief that Ngahiwi Dix was also of Moriori descent. [5] After several years research by the Hokopapa Unit, the trustees of HMT accepted that Ngahiwi D...

4. Notman v Accident Compensation Corporation [2016] NZACA 01 [pdf, 112 KB]

   ...the opportunity to monitor the claimed entitlement over more than 35 years ([2015] NZACC 237 at [28]). [46] At the same time, the Authority was reminded of the District Court’s line of cases requiring careful scrutiny of later medical opinion formed without the benefit of contemporaneous examination and diagnosis. [47] Mr Notman does not have any other medical evidence, particularly evidence contemporary with the relevant period from 1975 to 1992, supporting his claim to have...

5. Zhang v Deng [2012] NZIACDT 26 (31 May 2012) [pdf, 129 KB]

   ...that. The complaint is a statutory process. Being a professional disciplinary matter, there are public interest issues arising. A complaint which has been lodged with the Tribunal is not solely an inter partes matter. The Tribunal will consider a request to withdraw a complaint, but it is not the complainant’s right to do so. [10] This Tribunal, as is commonly the case for professional disciplinary tribunals, has an inquisitorial function. The Tribunal is not dependent on a compla...

6. Cavanagh v Nassiep [2012] NZIACDT 38 (31 July 2012) [pdf, 108 KB]

   ...Nassiep: [19.1] Was unethical, and failed to comply with the Code of Conduct. [19.2] Failed to identify in writing what services she was to provide, and did not provide the services she was to provide. [19.3] Did not inform Mr Cavanagh of information requests from Immigration New Zealand, and responded without discussing the issues with him. [19.4] Failed to include “points” when making the application for Mr Cavanagh’s sister-in-law being a New Zealand resident. [19.5] Ended...

7. Jia v Wang [2011] NZIACDT 30 (19 September 2011) [pdf, 106 KB]

   ...the factual matters in issue and the potential conclusions that could be reached on the papers before the Tribunal. The parties were given an opportunity to respond. [5] The parties responded. However, the responses did not provide sufficient information to determine the contention; an oral hearing was convened. As the Tribunal’s process is inquisitorial, the parties were directed to the issues the Tribunal considered needed to be addressed. [6] Both the Adviser and the Complainant...

8. CM v JD & Ors LCRO 006/2013 (10 March 2016) [pdf, 59 KB]

   ...to appoint a manger, is somewhat unique. The reporting obligations of a solicitor to his or her clients required by rule 13.7 have been complied with but not in the detail that Mr CM demands. [50] Following the review hearing, Mr JD sent me (as requested) the reports that were provided to contributors following settlement of the sales. That included a reconciliation from February 2009 through to settlement in respect of the [City A] property which included all of the expenses incurre...

9. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...the Applicant concerning the best way to resolve these issues. He explained why the Trustees had declined the Applicant’s proposal to be appointed a further Trustee, and further explained that the Trustees had endeavoured to comply with the request for an audit of the Trust’s assets, but considered this could not be completed until the issue of ownership was settled, and no information had yet been received as to the basis of claims against the disputed assets. He added that d...

10. Mahanga - Taiharuru 2A1 (2008) 125 Whangarei MB 25 (125 WH 25) [pdf, 2.4 MB]

    ...accordance with tikanga Maori with the land: (c) Other beneficial owners of the land who are members of the hapu associated with the land: (d) Trustees of persons refetTed to in any of paragraphs (a) to (c) of this definition: (e) Descendants of any former olVner sho is or lVas a member of the hapu associated with the land:" [9] Colleen Allen is a descendant of Hohepa Mahanga. Hohepa Mahanga was one of the original 6 owners of TaihalUlU and then became the sole owner of Taiha...