Search Results

1. LAP contract for services [pdf, 753 KB]

   ...comply with the procedure in the relevant policy, including any requirements to inform the Secretary and find a replacement. 5. Secretary’s obligations 5.1. The Secretary will, once the Secretary has all relevant information that has been requested from the Provider, promptly: 5.1.1. make decisions relating to Approvals 5.1.2. objectively and fairly deal with Legal Aid Complaints in accordance with clause 9 of this Contract, the Complaints Management policy in the Provider...

2. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...the Standards Committee proved the alleged professional failures after 1 August 2008, and if so, do these constitute misconduct under the LCA, or should one of the lesser alternatives apply? R Complaint Issue 1 1. At what date was a proper form of requirement that the practitioner resign as a trustee conveyed to him? Issue 2 1. Was the practitioner providing “regulated services” to Mrs R or the R Trust, or was he purely acting, as he says, as a trustee? Issue 3 1. If h...

3. Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20 [pdf, 144 KB]

   ...the CCDHB alleging a breach of Principle 6. Those new proceedings are HRRT019/2016. [4] In relation to the application to strike out the second plaintiff’s claim, the first plaintiff’s submissions of 28 February 2016 responded that: [4.1] A request had been made to the Privacy Commissioner to correct the Certificate of Investigation so that it showed there had been an investigation into the alleged breaches of the second plaintiff’s privacy. [4.2] The second plaintiff had in a...

4. [2016] NZEmpC 165 Lawson v NZ Transport Agency [pdf, 463 KB]

   ...…………………… [198] Mr Pearks’ provisional conclusions ………………………………………………. [212] Interview with Mr Van Heiningen ………………………………………………….. [219] Mr Lawson’s OIA request of 8 May 2014 …………………………………………. [230] Outcomes meeting of 14 May 2014 ………………………………………………… [234] Non-disclosure of the notes of interview with Mr Van Heiningen ……...

5. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...subsequent advice that he had concluded that the appeal had little prospect of success. It is not uncommon for a lawyer to change their view on the merits of a particular case as the case evolves. Did Mr DL fail to provide Mr CM with files when requested? [110] Following the hearing, Mr DL clarified that he was still retaining the files he had uplifted from Mr [EO]. [111] He advised that these files would be released to Mr CM on payment of his account. 20 [112] This issue...

6. LCRO 228/2015 ZM v VC [pdf, 123 KB]

   ...file. [3] That request was made pursuant to s 147 of the Lawyers and Conveyancers Act 2006 (the Act). [4] That section is commonly relied on by a Standards Committee when it decides, in the course of a conduct inquiry, that it requires further information from the practitioner. [5] Mr ZM did not comply with the s 147 request. 2 [6] In due course, charges were laid with the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal). [7] Mr VC received instruc...

7. BORA KiwiSaver Bill [pdf, 414 KB]

   ...person, for example, refuses to supply the information. 40. In our view clause 175 constitutes a justified limitation on the right to be presumed innocent as affirmed by section 25(c) of the Bill of Rights Act. CONCLUSION 41. Overall, we have formed the view that the KiwiSaver Bill appears to be consistent with the Bill of Rights Act. In reaching this conclusion, we have given particular emphasis to the purpose of this legislation, and the need to create a workable KiwiSaver scheme....

8. Tane-Stockler - Estate of Tanetinorau Opataia (2003) 122 Otorohanga MB 3 (122 OT 3) [pdf, 728 KB]

   ...whenua trust. Section 215(8)/93 states that an ahu whenua trust shall not affect any persons[sic] entitlement to succeed to any beneficial interest in any land vested in trustees for the purposes of a trust. Therefore, it is clear that the formation of this trust, which is still in force for Hauturu East 8, does not affect a person's entitlement to succeed. Accordingly, we are of the clear view that succession can take place in respect to Hauturu East 8 Block and as a c...

9. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

   ...application. [5] The complainant’s working holiday visa expired on 2 or 3 November 2016. At about this time, she approached Pioneer to obtain entry to an education institute and an accompanying student visa. On 3 November, she signed an application form to study at the business institute on the advice of Pioneer. [6] Until late November or mid December 2016, the complainant dealt with a staff member of Pioneer, not Mr Zhu. [7] Immigration New Zealand sent a letter to the c...

10. Memorandum of Counsel for Auckland Council 9 July 2018 [pdf, 4.8 MB]

    ...the new application through the website from 30 April 2018 through to 28 May 2018. Any changes to these timeframes will be communicated through the Council’s website. Direct referral process – Environment Court hearing Panuku has formally requested that Auckland Council allow the application to be ‘directly referred’ to the Environment Court. Council is considering this request. The separate notification letter being sent to you will provide information on the key steps a...