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1. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...matters; she permitted para-legals to draft affidavits; and delegated “management” of proceedings to clerks. [74] Ms Simes denied that she permitted non-lawyers working for her to direct or manage proceedings. She gave evidence that she made judgments about experience and skill and allocated or intervened in legal work being undertaken by staff as necessary based on that judgment. She did not need to review every court document in order to be confident that it complied, she said,...

2. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...Hearing: 10 Tākitimu MB 252 dated 1 September 2011 11 Tākitimu MB 170 dated 6 October 2011 15 Tākitimu MB 38-56 dated 11 April 2012 (Heard at Hastings) Appearances: Rex Carroll, Applicant in person C Bennett for the Respondents Judgment: 24 April 2012 RESERVED JUDGMENT OF JUDGE LR HARVEY Solicitors: Langley Twigg Law, PO Box 446, Napier 4140 cara@langleytwigg.co.nz mailto:cara@langleytwigg.co.nz 15 Takitimu MB 235...

3. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...OPO 207) 5 May 2008 (102 OPO 130-143) 31 July 2008 (9 CONF 140-148) 2 June 2009 (109 OPO 233-236) 2 October 2009 (111 OPO 179-192) 8 July 2010 (14 WAR 136-154) (Heard at Opotiki) Counsel: Mr Koning (Counsel for the Respondent) Judgment: 13 June 2011 PRELIMINARY DETERMINATION OF DEPUTY CHIEF JUDGE CL FOX Introduction [1] This case concerns the maintenance and proposed formation of a road known as “Matahi Valley Road” located approximately 40 kilometres so...

4. Canterbury Westland Standards Committee v Taffs [2013] NZLCDT 13 [pdf, 94 KB]

   ...appropriately punished, bearing in mind for a period he has had to abstain from practise.” [17] The Court of Appeal although clearly discouraging further disciplinary action certainly did not condone the behaviour. In delivering the Court’s judgment Cooke P. had this to say: “It would be dangerous to allow a lawyer, perhaps uncritically espousing his client’s case to threaten to use legal proceedings to publicly humiliate the adversary. To leave the lawyer free to utter such...

5. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...[2014] NZHC 2817 where the High Court considered that the proper focus of s.50 of the Act, as had been recognised by us in Hutt City Ltd v Real Estate Agents Authority [2013] NZREADT 109, is on process. The Hutt City Ltd case involved a lapse of judgement by a salesperson who made an incorrect decision of handing over keys prior to settlement in the absence of the branch manager. 7 [29] Mr Rea noted that Mr Li’s lapse of judgement was his failure to follow Mr Swann’s requir...

6. Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) [pdf, 266 KB]

   ...ERUERA Applicants Hearing: 18 December 2017, 178 Waiariki MB 132-137 (Heard at Whakatāne) Appearances: T Eruera and H Eruera in person Judgment: 12 February 2018 JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Kōkōhinau Papakainga Trust along with Kōkōhinau Māori Reservation Trust and Pahipoto Māori Committee are currently working with Te Puni Kōkiri and the...

7. Djangozov v Johnston - Estate of Audrey Trimble - (2018) 185 Waiariki MB 238 (185 WAR 238) [pdf, 272 KB]

   ...Respondent Hearing: 18 December 2017, 178 Waiāriki MB 200-207 (178 WAR 200-207) (Heard at Whakatāne) Counsel: S Ngatai for the applicants T Te Whenua for the respondent Judgment: 19 April 2018 JUDGMENT OF JUDGE L R HARVEY Copies to: S Ngatai, Hamertons Lawyers Ltd, PO Box 601, Whakatāne 3158 T Te Whenua, Te Whenua Law, PO Box 12094, Rotorua 3045 185 Waiariki MB 239 Int...

8. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...SHARON RUSSELL AND RAELEEN NUTIRA Applicants AND JUDITH ANNE BURNS, MAURICE REWI NUTIRA AND SARAH MAY FULHAM AS TRUSTEES OF ŌNUKU 886 2B2 AHU WHENUA TRUST Respondents Hearing: 19 August 2016 (Heard at Christchurch) Judgment: 05 April 2018 RESERVED JUDGMENT OF JUDGE S F REEVES 39 Te Waipounamu MB 35 Introduction [1] This decision concerns an application for review of the Ōnuku 886 2B2 Ahu Whe...

9. Insley v Insley - Awanui Haparapara No 2B1B2 (2017) 167 Waiariki MB 183 (167 WAR 183) [pdf, 249 KB]

   ...MAXWELL BUTLER, GAYLE ROSE NGATAI AND BRONWYN RANGITAHI NGATAI Applicants AND CHRISTOPHER KARAMEA INSLEY, CAROLYN INSLEY, ALEXANDRA TERE INSLEY AND PETER INSLEY Interested Parties Hearing: 3 July 2017 (Heard at Opotiki) Judgment: 10 August 2017 RESERVED JUDGMENT OF JUDGE C T COXHEAD 167 Waiariki 184 Introduction [1] The applicants seek an order constituting an ahu whenua trust over Awanui Haparapara 2B1B2 block...

10. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

    ...proceeding] (4) A person to whom costs are awarded under this section, but who has not been paid in full, may file a copy of the order in the District Court, where it may be enforced for so much of the amount as is still owing as if it were a judgment of the District Court. [42] The Tribunal is given a discretion as to orders for costs. That discretion is to be exercised in accordance with the Act, on the particular circumstances of the case before the Tribunal.10 In his judgmen...