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1. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...as to the outcome. [20] If the Committee’s preliminary view is that the complaint appears to lack substance, a Legal Standards Officer (LSO) will contact the respondent lawyer and inform them of the Committee’s preliminary view, inviting a response from the lawyer. [21] Any response is included in a file note (described as “Early Resolution Process – Call Log”) prepared by the LSO and provided to the Committee, which then completes its inquiry into the complaint. [22]...

2. Deputy Registrar - Murimotu No 5B No 1 (2025) 509 Aotea MB 197 (509 AOT 197) [pdf, 286 KB]

   ...the following motions: (a) That an ahu whenua trust be formed over Murimotu 5B1. 2 44.79% of the shareholding was present. With 40% being the statutory threshold. 509 Aotea MB 200 (b) That the trust shall have a maximum of five (5) responsible trustees. (c) That Dana Kawana Blackburn, Peter Joseph Madden, Robyn Martin, Nerissa Tarihira Waitaka Te Patu and John Maurice Takarangi (the proposed trustees) be appointed as responsible trustees. (d) That the proposed trustees...

3. [2013] NZEmpC 40 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 356 KB]

   ...the bar. He denied this and that he had been involved in the alleged behaviour that took place. The company did not advance matters past this initial stage. While it is apparent that the company was not wholly satisfied with the plaintiff’s responses it nevertheless concluded that there was insufficient evidence to make a conclusive finding against him. It did however make it clear to the plaintiff what its expectations were, and that it had concerns about whether he had been...

4. Deputy Registrar v Moeahu – Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) (2021) 437 Aotea MB 3 (437 AOT 3) [pdf, 550 KB]

   ...Keenan. Mr Capper also seeks further orders which are beyond the jurisdiction of this Court. [3] The trustees, current and former, accept that their conduct was, from time to time, below the standard expected of a prudent fiduciary and they take responsibility for their decisions. However, they submitted, for a number of important reasons articulated by their counsel, that they should be granted relief from liability and should not have to reimburse the trust for the losses that o...

5. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...should have taken more care, so fell short of the high standards of professionalism required of him. [3] The Tribunal convened a hearing. The complainant neither provided evidence nor attended the hearing. The Registrar did not challenge Mr Kumar’s response, and accepted it answers the complaint; aside from Mr Kumar’s admission regarding the information he supplied in response to the complaint. [4] Accordingly, the Tribunal upheld the complaint that Mr Kumar failed to provide inform...

6. Te Paa - Ahipara A33 (2015) 112 Taitokerau MB 299 (112 TTK 299) [pdf, 193 KB]

   ...Aroha – have failed in this regard. I do not consider that Tui or Te Aroha can be blamed if there are maintenance problems with the dwelling or improvements. They are but two of five trustees. They impress me as honest and dedicated to their responsibilities. But without at least two other trustees sharing the burden of decision-making they cannot be held responsible if there are outstanding maintenance issues. Rates [22] Aegean claimed that the rates had been overdue for se...

7. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...administering the construction of the building. The Court of Appeal in Body Corporate 202254 v Taylor5 has also more recently considered director liability and analysed the reasoning in Trevor Ivory Limited v Anderson.6 It held that the assumption of responsibility test promoted in that case was not an element of every tort. Chambers J expressly preferred an “elements of the tort” approach and noted that assumption of responsibility is not an element of the tort of negligen...

8. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...The complainants consider Mr HV’s conduct in that regard was dilatory. The second major issue for the complainants relates to Mr HV’s response to their concerns over how best to address the entitlements of two beneficiaries who were minors. Responsibly, the complainants wanted to ensure the inheritances were not frittered away. They consider the fact that Mr HV did not identify all of the options that were available to them demonstrates a lack of competence on his part. [4] As tim...

9. Tenants in Common of 19 Victoria Avenue v Easton Consultants Ltd [pdf, 37 KB]

   ...submissions and evidence of the claimants, followed by the evidence from the WHRS Assessor. 1.6 I will now proceed to make my Determination on the basis of the submissions, witness statements, and documents presented as a part of the claims, responses and replies. 2. THE PARTIES 2.1 The Claimants in this case are the owners of the ten apartments in the building known as Ridgeview Apartments, 19 Victoria Avenue, Remuera, Auckland. I will refer to them as the “Owners”....

10. LCRO 36/2022 EY obo SG v LW (25 July 2023) [pdf, 166 KB]

    ...be borne in mind, but the invoices questioned were, of course, issued and deducted from funds held during the period when Mr SG was largely incapacitated. [34] Another factor to be borne in mind, is that Mr LW (and Mr VM) assumed a significant responsibility when accepting appointment as Mr SG’s attorneys. It is not a role that many lawyers would be prepared to accept as it involves much more than is involved in a usual solicitor/client relationship. It could be said that Mr SG was...