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1. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...the Crown Prosecutor’s Guidelines 2013 (the Guidelines) was met but that the public interest test was not met and that prosecution should not proceed. [6] On 3 December 2014, Mr Y reviewed her recommendation and the file, met with the Police and formed the opinion that both tests were met but that the alleged offending was low-level (although both were category 3, indictable offences). [7] On 23 December 2014, Mrs X emailed the applicant’s lawyer, copying in Mr Y, relevantly statin...

2. OIA-119562.pdf [pdf, 2 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 13 March 2025 Ref: OIA 119562 Tēnā koe Official Information Act request Thank you for your email of 15 February 2025 to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act), information regarding appeals and judicial reviews from the Family Court to the High Court. Specifically, you requested:...

3. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...quasi-contractual basis? Was there a valid and binding contract between B Ltd and JD? 12. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. 13. A document was produced to the Tribunal dated 4 May 2023 and entitled “letter of preliminary engagement for development a...

4. [2024] NZIACDT 30 INZ v Li (6 December 2024) [pdf, 250 KB]

   ...checking. On the same day, Ms Li sent the client’s visa application form to MQ and asked to be informed of any mistakes. 1 Client services agreement (22 August 2023) at 4; BoD at 084. 3 [9] On 24 August 2023, Ms Li sent an email to MQ requesting that she (verbatim) “ask the client scanned copy to me for 2 pages”. She also asked MQ for the client’s medical check. MQ sent the medical “Information Sheet” to her that day. [10] Also on the same day, 24 August 20...

5. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...Ms Rubio of PHP 25,000, which she understood to be a fee for applying for a visa. Visa application - declined [28] On 22 September 2010, Ms Scholes lodged a visa application for the complainant. [29] On 4 October 2010, Immigration New Zealand requested information regarding the complainant’s financial situation. [30] On 11 October 2010, Ms Scholes responded to Immigration New Zealand’s request with further information. [31] On 29 October 2010, Immigration New Zealand declined t...

6. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

   ...Application). The RC Application seeks consent for a scheme known as the 'Wynyard Hobson proposal' and replaces an earlier application lodged in January 2018 for a different scheme, which has been withdrawn by Panuku. 2. Panuku lodged a request with the Council on 17 April 2018 under section 870 of the RMA that the Council allow the RC Application to be determined by the Environment Court. The Council granted that request under section 87E on 7 May 2018. 3. As matters pres...

7. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...framed so as to set out four different categories of default: 1. Failure to pay client money into a trust account; 2. Failure to ensure client money earned interest; 3. Personally earning interest from client monies; 4. Failure to act upon a request to uplift client documents. [3] The facts are largely undisputed, and the defaults acknowledged. The hearing was required because Mr Zhao disputed the level of seriousness claimed by the Standards Committee. In addition, Mr Zhao rais...

8. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...for me on my behalf at the Special Meeting for the Proprietors of Hanita Incorporation to be held on 21st January 2007 and any adjournment thereof. Signed this day of 20 Signature of Member " Q [10] No evidence was given as to when the proxy forms were received by the office of the Incorporation. Three of the 13proxy forms were dated 21 January 2007, being the date of the meeting. All but one of the proxy forms appointed a current member of the committee of management of the Incorpo...

9. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...under great stress. It may be that in appropriate circumstances, the Tribunal would accept that the personal circumstances of a client were such that he/she was unusually vulnerable to pressure and unable to resist unreasonable suggestions or requests, and that that could affect the issue of whether the advice given crossed the boundary from what was legitimate to what amounted to undue pressure. However, a general comment that the appellant was subject to stress, unless it is suppo...

10. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [pdf, 232 KB]

    ...actions or proceedings affecting the franchisee or the guarantors before any Court or other body, which may materially adversely affect the financial condition or operation of the franchisee or the guarantors or materially impede their ability to perform their obligations under the franchise agreement or the securities. [7] At the time the purchase negotiations were progressing, Mr ZZ had an assault charge before the court which was awaiting a hearing. [8] The question as to whether d...