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1. Warminister v Flint and Radnorshire LCRO 202 / 2009 (18 February 2010) [pdf, 61 KB]

   ...acted for him while practicing (as partner and employed lawyer) with the firm of XX. The work was undertaken in respect of an objection that Mr Warminister had to the development of land adjacent to his property. Mr Flint was the lawyer primarily responsible for assisting him. Mr Radnorshire appears to have been the partner supervising Mr Flint. The dispute was ultimately resolved by the SDC purchasing Mr Warminister’s land. Mr Flint assisted in the negotiation of this. [2] On 3...

2. Yaxley v Falkirk LCRO 184 / 2009 (23 December 2009) [pdf, 57 KB]

   ...termed „reprehensible‟ (or „inexcusable‟, „disgraceful‟ or „deplorable‟ or „dishonourable‟). The test for conduct unbecoming was whether the conduct was acceptable according to the standards of "competent, ethical, and responsible practitioners". [14] The Standards Committee did not dispute the applicant‟s feelings, and acknowledged the impact that the meeting had had on him. However, the Committee assessed the practitioner‟s conduct objecti...

3. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 21 [pdf, 58 KB]

   ...administrative in nature and agreed to release him. This however overlooks the fact that the Tribunal concluded that Mr Hardy’s role was more than administrative as it included liaising with the various subcontractors onsite and having some responsibility for building standards. In fact Mr Hardy’s own contract stated that he was to ensure building standards were adhered to and that he was to monitor the workmanship of subcontractors. [9] It is also relevant to note that...

4. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2017] Māori Appellate Court MB 427 (2017 APPEAL 427) [pdf, 208 KB]

   ...decision the Court dismissed the appeal and gave leave to the successful respondent to file submissions in respect of costs. [2] Counsel for the first respondent filed submissions as to costs on 24 August 2017, and the appellant filed submissions in response on 8 September 2017. Reply submissions from the first respondent were received on 15 September 2017. [3] The issue for determination is whether costs should be awarded, and if so in what amount. Submissions for the first resp...

5. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ...not prohibit lawyers and conveyancers from associating with other professionals through other means such as project teams and so on; all that is prohibited are integrated structures involving the sharing of profits, decision-making power and final responsibilities. Certain Restrictions on Spouses and Relatives to Practitioners 10. Clause 102 of the Bill allows the Governor-General to make regulations relating to trust accounts. Those regulations may prohibit or regulate the collection...

6. BORA Electoral (Vacancies) Amendment Bill [pdf, 23 KB]

   ...anomalous and suggests that s 55 was overlooked in 1975 when New Zealand citizenship was first made a prerequisite for election. It is something that any review of s 55 should address." The terms of clause 6 of the Bill can be seen as amounting to a response to this anomaly. 10. Third, in my view it is legitimate for the legislature to identify the loss of New Zealand citizenship as something calling for vacating a seat, even though no equivalent disqualification provision is provid...

7. BORA Environment Canterbury (Transitional Governance Arrangements) Bill [pdf, 287 KB]

   ...Canterbury Regional Council (Environment Canterbury, or ‘ECan’) election is declared. The Bill comes into force the following day (‘transition day’). 5. Under the 2010 Act, seven commissioners were appointed by the Government to lead ECan in response to concerns about its ability to carry out functions relating to freshwater management in the region. The Bill establishes new governance arrangements for ECan for the 2016 – 2019 local authority election cycle. The Bill contains...

8. BORA Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill [pdf, 288 KB]

   ...instruction, the Department may instruct the Ministry to restore that benefit; and d. the Bill prevents the Department from issuing instructions to reduce a person’s benefit by any more than 50 per cent of the gross benefit where that person is responsible for the care of any dependent child. 18. The limitation is proportionate to the importance of the Bill’s objective because of several safeguards: a. new section 184 requires the Department to issue written warning notices only...

9. MLC - 2013 November - Reflections after nearly 20 years as a Māori Land Court [pdf, 374 KB]

   ...reborn about every 20 years that there is a large pool of unused or under-used Māori freehold land out there that could be made markedly more productive. In my experience this land does not exist! One hundred years ago this misconception was responsible for the Crown purchasing much of Te Urewera lands. It did this in the belief that hundreds of farms could be created. Huge amounts of time and money were expended but then it was discovered that no farms could be created. This is...

10. Rao v Singh [2012] NZIACDT 81 (18 October 2012) [pdf, 90 KB]

    ...It appears that he has absented himself, and failed to maintain a current address. The processes in dealing with this complaint have been served in accordance with the Act, however it may well be that Mr Singh has not received them. It was his responsibility to ensure that he maintained contact. [4] Ms Rao has requested compensation for the loss of her family’s personal documents, but not provided details of the cost of getting replacements. Decision [5] The grounds on which the...