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1. Buchanan - Riwaka-Matiu-Mātana Whanau Trust (2018) 50 Te Waipounamu MB 152 (50 TWP 152) [pdf, 253 KB]

   ...to finance the building of the new house. Agnes and Matthew met those outgoings with assistance from Nick, Paia and Sue. [16] In a written statement, Margaret summarises various claims which she says sit behind some of the unspoken issues relating to 77 Moana View Road. As she understands it, Pārua’s claim is that he invested approximately $100,000 from the sale of 147 Waikawa Road. This does not include the $25,000 building cost which he had gifted to his mother. Pārua’...

2. Strengthening the family justice system - EasyRead - PDF version [pdf, 4.1 MB]

   ...Justice system services you have used: specialist report writer counsellor something else. 77 Please tell us any other family justice services you have used: 78 How were you related to the child or children in the family dispute? parent guardian grandparent whānau / family In some other way. 79 Please say in what other way you were related:...

3. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...loss or damage arising from the Canterbury earthquakes to a residential building or residential property. [12] Section 46 Tribunal’s decision: substance (1) The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with the following: … (b) the general law of New Zealand, in particular,— (i) the law of contract as it relates to contracts of insurance: (ii) the Earthquake Commission Act 1993. [13] Clause 1 of...

4. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...as she was unsure if he was a member of the preferred class of alienee or a descendant of the original owner. The applicant submits this objection is based on procedural grounds as opposed to the practical implications of the partition. [23] In relation to the matters raised by Ms Holland concerning the prior transfers of shares, the Court is entitled to rely on the list of owners contained in the Court record and not to look behind it. There have been no proceedings brought to challe...

5. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...[Area] Standards Committee [X] to take no further action in respect of his complaint concerning the conduct of the respondent, Mr NL. Background [2] In 2008, Mr SM was involved in an employment dispute. [3] The dispute went to the Employment Relations Authority (the Authority). [4] The Authority ordered Mr SM to pay a sum in the vicinity of around $4,000 to his employer. Mr SM’s employer subsequently instructed a lawyer (Mr ES) to enforce the order obtained. 2 [5] In Ju...

6. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

   ...succession application. Additionally, no information was provided about material details such as the existence of a will or the application hearing date. Counsel submits the onus was on the respondents to advise and consult the other four siblings in relation to the application. [25] If a rehearing and adjournment is granted, the applicants seek a direction requiring a judicial conference or special aid funding towards mediation. This outcome, it is claimed, would assist in the ackn...

7. LCRO 10/2020 EJ v HP (10 June 2020) [pdf, 123 KB]

   ...Background [2] Mr EJ and his former partner, Ms TS, have two daughters. Mr EJ and Ms TS separated and discussed what arrangements they might make with respect to the division of their property. Mr EJ instructed Ms HP to act for him in documenting a Relationship Property Agreement. Agreement was reached in principle that Ms TS and the younger daughter would remain living in the former family home. Other items of relationship property were divided up by agreement. 2 [3] Mr...

8. Duty lawyer policy [pdf, 549 KB]

   ...steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Published by the Ministry of Justice 2012 © Crown Copyright Ministry of Justice The...

9. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...to penalty, and as to an order for compensation. The Committee’s submissions were set out in full in the Opening Submissions for the Committees. [42] We accept Ms Copeland’s submission that the misconduct charge which we have found proved relates to serious offending. Ms Copeland submitted that the appropriate starting point for a penalty is cancellation of Ms Wallace’s licence. [43] We have not sought Ms Wallace’s submissions regarding cancellation, although we note tha...

10. LCRO 8/2019 GM v NK (25 June 2019) [pdf, 234 KB]

    ...‘dishonourable’) or if the default can be said to arise from negligence such negligence must be either reprehensible or be of such a degree or so frequent as to reflect on his fitness to practise. Conduct unbecoming [42] “Conduct unbecoming” could relate to conduct both in the capacity as a lawyer, and as a private citizen. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners".7 Neglige...