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1. Duty lawyer instructions for Tauranga District Court [pdf, 87 KB]

   ...duty lawyer service is to ensure that a sufficient number of lawyers are available in each District Court to assist, advise and represent unrepresented defendants charged with an offence. 3. The duty lawyer service operational policy sets out the responsibilities of duty lawyers and broadly describes the administration of the service. These instructions detail the particular administrative arrangements for the duty lawyer service at the Tauranga District Court. Rostering policy...

2. Mikus - Hoera Te Kooti Whanau Trust (2010) 246 Aotea MB 242 (246 AOT 242) [pdf, 62 KB]

   ...be granted. Secondly, if that application succeeds, then whether or not the previous order removing Mr Mikus as a trustee should be annulled or affirmed. 246 Aotea MB 243 Procedural history [4] By way of background I note that in response to a question from the Registrar as to whether the removal of a trustee required the filing of an application, Her Honour Judge CL Fox directed that the other trustees of the whānau trust be given three months to file an application...

3. LE v VV & VU LCRO 199 / 2011 & 29 / 2012 (6 June 2012) [pdf, 65 KB]

   ...2008. He also made a request pursuant to the Privacy Act for the files and deeds. ADX responded to that request by advising that copies of the requested files and deeds would be provided on payment of photocopying charges. [5] Before that response was sent, LE had lodged his complaint with the Complaints Service of the New Zealand Law Society. He alleged breaches of a number of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and the Privacy Act....

4. Chand v Shearer [2016] NZIACDT 57 (21 September 2016) [pdf, 279 KB]

   ...insight, even after facing an adverse decision of the Tribunal in relation to a serious complaint, it would be naïve to think the practitioner will bring any greater insight to bear in the future when dealing with clients. [13] Ms Shearer’s response has been very different. She has accepted responsibility for her actions, and there are mitigating circumstances. However, one of the responsibilities professional persons have, as their decisions affect the lives of others, is to be a...

5. Kho v Navarette-Scholes [2016] NZIACDT 60 (22 September 2016) [pdf, 101 KB]

   ...breached aspects of her professional obligations. The key elements are: [5.1] That Ms Navarette-Scholes failed to perform services; [5.2] She did not maintain complete records; and [5.3] She engaged in dishonest or misleading behaviour, in her response to this complaint. [6] The Registrar included with the statement of complaint a document dated 14 July 2012, apparently printed on the letterhead Ms Navarette-Scholes used in her practice. It says she assessed the complainant as eligibl...

6. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...raised in this application concerned historical matters and issues pertaining to the performance of the Trust, on the same day as the Conference, I also convened the Court and put all parties on notice of a proposal to invoke my powers to remove all responsible trustees and appoint an independent responsible trustee. I also proposed appointing the existing trustees as advisory trustees. Subject to further discussions, the trustees present at first agreed to the proposal. The minutes recor...

7. LCRO 206/2018 JA v CL (22 July 2020) [pdf, 168 KB]

   ...with, an agreement to transfer a property in [Place 1] set out in an 6 agreement.”10 He says that he does not believe the Committee has “handled or answered this at all”.11 [19] The response to that complaint is that it was Ms BS’s responsibility to comply with the agreement, and if Ms CL was responsible for Ms BS’s default, then it would be Ms BS who has grounds for complaint. In this regard, the Committee’s observation that Ms BS has not complained about Ms CL...

8. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 31 [pdf, 297 KB]

   ...acceptance of their failings and the outside support obtained to remedy them”. This case was made more serious by the second finding of misconduct and the assessment of the practitioner’s overall fitness to practise. Is Suspension a Proportionate Response? [33] We agree with Mr Lawes own assessment of his inability to continue in practice at the present time. He has clearly worked to the point of exhaustion where he appears unable to effectively advance the wind up of his prac...

9. OIA 98990 [pdf, 605 KB]

   ...of imprisonment? On 14 September 2022 we contacted you to clarify your request and you confirmed that you would like to have the data for the number of people as well as the number of finalised charges that resulted in a conviction. In response to your request, please refer to the following tables: • Table 1: Number of finalised charges that resulted in conviction under section 132 and section 134 of the Crimes Act 1961, broken down by sentence type, for the 2017 to 2021...

10. EZ v LH [2021] NZDT 1585 (6 July 2021) [pdf, 193 KB]

    ...replacing the current fence along the boundary of the properties. LH has also filed a counterclaim for $4,233.85 for the costs she has incurred defending EZ’s claim against her. 2. The issues to be determined by the Tribunal were: a. Is LH responsible for half the cost of replacing the current fence? b. Is LH responsible for the cost of building a retaining wall? c. If so, what remedy is available to EZ? d. Is LH able to claim her costs from EZ? 3. The relevant law is t...