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1. David Bain response from Justice Binnie [pdf, 106 KB]

   ...discussion, it seems to me, has no pertinence. 2 . It is of interest that according to the document (a) Mr Fisher was retained on 26 September -- the "Dear Robert" letter --(b) he met the Minister the same day (c) and without having performed the "first stage" analysis he reports that " as we discussed , a second and final report will be required for the purpose of reviewing the evidence afresh and arriving at its own conclusions on the merits". This seems a...

2. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...accept them in their entirety. [4] We do not consider, however, in all the circumstances, the level of offending is such as to compel us to the unanimous view that Mr Hong is no longer a fit and proper person to practice as a lawyer. Relevant information subsequent to the hearing [5] After the hearing had concluded, Mr Hong made available to the Tribunal a decision of His Honour Kos J, which had been released immediately following the penalty hearing.1

3. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

   ...debt relates to the payment of Domestic Purposes Benefit, Accommodation Supplement, Temporary Additional Support and Temporary GST Assistance and has arisen as a result of the appellant’s earnings during the period in question. [3] The appellant requests that the Authority take into account her personal circumstances and direct that the debt not be recovered. Background [4] In 2007 the appellant separated from her husband and moved with their four children from the family home....

4. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

   ...CYF, as Shane wanted to be independent. This order was granted on 21 April 2011, on the condition that CYF would remain involved with Shane, to support him and to apply for the independent youth benefit. [11] The Ministry was at this time informed by Mr Kotuhi’s lawyer for the child, that he wished for the s 101 custody order to be totally discharged. [12] Mr Kotuhi’s social worker did not oppose the discharge of the custody order because since early 2011 Mr Kotuhi had refu...

5. Canterbury Westland Standards Committee v Tee [2013] NZLCDT 34 [pdf, 43 KB]

   ...reimbursed to the Society by Tim Ban Choon Tee. 10 [d] The amount of $10,000 claimed as fees by Tim Ban Choon Tee from Ms G is to be cancelled, and he is to refund that amount to her. Other matters [42] The Tribunal declined a request from the Standards Committee to order compensation of $52,000 in respect of the loan taken by Mr Tee from a client and remaining unpaid. It declined for two reasons; first, the Tribunal does not have jurisdiction to order such an amou...

6. Waller v CAC 20006 & Robin [2014] NZREADT 45 [pdf, 187 KB]

   ...the complainant’s estranged wife, Mrs Waller, of whom she was a friend. 3 [9] The licensee approached the complainant on several occasions asking for the opportunity to list “his” property for sale, but the complainant refused those requests. [10] In March 2012, ASB Bank decided to sell the property by way of mortgagee sale and instructed a salesperson working with Harcourts Grenadier Real Estate Ltd in Christchurch for this purpose. However, the licensee obtained an o...

7. DG v WV LCRO 14 / 2011 (24 June 2011) [pdf, 100 KB]

   ...that the subject matter of the complaints was trivial and the complaint was frivolous and vexatious. [3] The Applicant sought a review but provided no reasons, stating that these would be provided later. In response to the Case Manager‟s request that reasons had to be provided, the Applicant reiterated his original complaint. The Applicant was informed that it was not necessary for him to re-state the reasons for his original complaint to the Law Society, but rather that clar...

8. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...comply with an order for discovery, a notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or (v) Failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 48G or some other offer to settle or dispose of the proceeding; or [54] This is a helpful guide which I adopt. (The rule in 48G relates to offers made without prejudice save as to costs). [55] In assessing t...

9. Phon & Anor v Waitakere City Council [pdf, 82 KB]

   ...3 HC Auckland, CIV-2009-404-6348, 15 March 2010. 10. As a consequence at the second case conference Ms Martin, counsel for the Council, requested that further particulars of the claim against the Council be provided as it was unclear as to the allegations being made against the Council. The claimants’ counsel at that conference agreed to file a further report or brief fro

10. AC v FV & HU LCRO 318/2012 (27 November 2014) [pdf, 50 KB]

    ...employee. They say they contacted Ms HU in September 2007 to advise her of their intentions but this is disputed. They also say that they advised Ms HU in late November 2007 that the purchaser was in a position to proceed with the purchase and requested her to prepare the necessary Agreements. They say her advice was that it was the purchaser’s obligation to prepare the Agreements and that they should wait for that to be done. [5] For his part Mr FV advises that the first indic...