Search Results

1. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...the contract with Harmony Homes were the landscaping and ground work, paths and driveways, the installation of the fireplace and flue, and the installation of the handrails to the balustrade at the front of the house. The claimants were to be responsible for those aspects. Building works started in June 2001. [4] Mr Paterson and Mrs Monaghan met with Mr Morman on site to deal with various matters and by the end of 2001 the building work was largely completed. Mr Paterson and...

2. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   ...on the following bases: (a) He had a limited role in the discovery and delegated responsibility for those tasks to other counsel in the litigation department of his firm; and (b) He had no knowledge of the Joint Venture, and is therefore not responsible for discoverable documents in relation to the Joint Venture not being disclosed. [8] The case of the Body Corporate before the WH Tribunal proceeded on the basis that CC was to be remediated whereas the Joint Venture agreement prov...

3. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...his heading “Duty of Executor to Beneficiaries” to be suggesting that the executor-solicitor has a responsibility to go further in matters of careful estate administration than might be required of a solicitor acting without the additional responsibilities of executorship. Similarly, in his costs assessment report, Mr CX was critical of Mr PT’s report in the following terms:15 The significance of my opinion that a solicitor who is also acting as executor and trustee is e...

4. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...the fact that Ms C would need to negotiate with the tenants to leave the apartment early in return for some form of compensation. He said he advised Mr Schembri that he needed to explain this carefully to her, including the fact that it was her responsibility to manage the tenants out, and that the purchaser required vacant possession. [18] Once the agreement was signed and after seeing some emails between the tenants and Ms C Mr Lupi told Mr Schembri it would be best for him to s...

5. Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 [2016] Māori Appellate Court MB 343 (2016 APPEAL 343) [pdf, 239 KB]

   ...2014 and a further report to the Chief Judge was completed by the Deputy Registrar on 13 May 2014, which concluded that the 2013 survey plan was correct. That report was distributed to Mr Hallett on 4 June 2014 and he was given 14 days to file a response. [19] Mr Hallett filed his response on 19 June 2014, within the 14 day period. In addition, he filed a complaint with the Chief Registrar on 20 June 2014, and, following the advice of Court staff, lodged a further s 45 application...

6. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...said he may not take up the offer of mediation, but would write in the New Year with a final view. [30] Mr [ZA] responded on 20 December 2012 saying he would be amenable to mediation. [31] NZLS made further attempts to ascertain Mr [YB]’s response to the suggested mediation, and extended the deadline for his response twice. When he did not respond, Mr [ZA] indicated he wished to add a fourth stage to his complaint if there was no “prospect for resolution otherwise”. Mr [YB...

7. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...by Minister Minister’s office’s comments s 9(2)(a) s 9(2)(a) s 9(2)(a) 2 Purpose 1. This briefing provides supplementary advice on the proposed model for a New Zealand Criminal Cases Review Commission (CCRC), in response to views raised during targeted consultation with key stakeholders. 2. We seek your agreement to proceed with Ministerial and further departmental consultation on the attached draft Cabinet paper. Executive summary 3. Targeted cons...

8. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...decision of the High Court to discharge the freezing order, makes that clear. [26] Mr ZB complained that as a result of Mr YC’s conduct, which he submitted amounted to the more serious category of misconduct, [XD] suffered a loss of over $100,000. Responses [27] Mr YC responded to Mr ZB’s complaint, in his letter to the Complaints Service dated 26 September 2018. [28] In relation to the in-house counsel issue, Mr YC denied that he was providing regulated services to anyone o...

9. LCRO 185/2020 BC v DE and FG decision & minute (20 May 2021 & 30 April 2021) [pdf, 201 KB]

   ...and information requested in relation to the [employment proceedings] in an unredacted and unadulterated form without further delay.” Finally, she seeks a refund of “the filing fee” (presumably the fee to lodge her review application). Responses Ms DE [33] In a letter to the Case Manager dated 20 October 2020, Ms DE said: (a) She takes her fundamental obligations as a lawyer to uphold the rule of law and to facilitate the administration of justice in New Zealand, very se...

10. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

    ...have jurisdiction to make orders which would have the effect of prohibiting Mr RR from having any further professional involvement with Mrs JA snr, or trusts associated with members of the JA family? [37] Mr JA considers that Mr RR was directly responsible for generating conflict amongst family members which made settlement of what he considered to be fairly straightforward transactions difficult. [38] He believes that both his mother and his surviving brother, were manipulated...