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1. LCRO 55/2017 L DA and O DA v UE [pdf, 150 KB]

   ...builders, their contractors, their friends and their invitees that you have relied on to purportedly upgrade our communications with your clients to harassment of your clients”. [8] A subsequent 21 December 2016 email noted the absence of any response, despite reminder, and went on to say: We are now a week on from our urgent request, so it is obvious that you do not intend to respond to our letter. Your claim and direct threats outlined in your 5th December 2016 letter is a blu...

2. Auckland Standards Committee v Eteuati [2009] NZLCDT 17 [pdf, 81 KB]

   ...and was hospitalised until mid June during which time he had a quadruple by-pass operation and in mid June he was returned home to the primary nursing care of his wife, the practitioner. Thus Mr Curry points out that Mrs Eteuati’s focus and responsibility and feelings of loyalty were on her husband rather than her professional obligations. He describes this as a period of personal trauma and it was during this period that, a couple of weeks later, the appeal was struck out....

3. Evans - Waitara West 52C - (2018) 383 Aotea MB 43 (383 AOT 43) [pdf, 317 KB]

   ...Applicant Hearings: 379 Aotea MB 53-58 dated 19 December 2017 380 Aotea MB 208-219 dated 13 February 2018 Judgment: 19 April 2018 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Margaret Taylor seeks appointment as an additional responsible trustee of the Waitara West 52C Ahu Whenua Trust. Grant Knuckey and other owners object. They say that Ms Taylor has on previous occasions acted in a threatening manner at meetings and is difficult to work with. Ms Taylor denie...

4. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

   Strengthening family justice Reforms – submission from Isabel Aldiss. 1. Focus on children I support the panel’s recommendation for further research to be undertaken, starting with a comprehensive literature review of CIP. We need a culturally responsive process if children are to be included in mediation. Caution is needed when involving children in the FDR process because of their vulnerability. FairWay has implemented child protection policies for all its staff and contractor...

5. 2020-02-19 Julie Everett-Hincks Reply [pdf, 163 KB]

   ...Introduction 1 My full name is Dr Julie Marie Everett-Hincks. 2 My qualifications and experience are set out in my Statement of Evidence in Chief dated 7 December 2020. Scope of Rebuttal evidence 3 In my evidence in reply I provide a response to the following evidence: (a) Evidence in Chief of Dean Olsen for Otago Water Resources User Group (OWRUG) dated 5 February 2021; and (b) Evidence in Chief of Matthew Hickey for OWRUG dated 4 February 2021. Evidence in Chief of...

6. LCRO 153/2017 ACE v BDF (28 September 2018) [pdf, 199 KB]

   ...include those experienced in family law, finds the fees, whether assessed individually or together, to be fair and reasonable. [17] Because the Committee processed this complaint by way of the Early Intervention Process Mr BDF did not provide any response to Ms ACE’s complaints. However, based on the information to hand, the Committee determined to take no further action in respect of Ms ACE’s complaints. Ms ACE’s application for review [18] Ms ACE provided a six-page submi...

7. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...said, the full and proper disclosure of documents that are relevant to the issues between the parties is a fundamental step in the preparation for hearing of claims. [7] Section 15(2)(c) of the CEIT Act requires a respondent to include with its response sufficient information and supporting documentation to fairly inform the other parties and the Tribunal of the substance of the response. [8] The Tribunal may, under cl 13, sch 2 of the CEIT Act, make an order for discovery agains...

8. Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) [pdf, 246 KB]

   ...trustee of any trust constituted under this Part of this Act unless it is satisfied that the proposed appointee consents to the appointment. (4) Subject to subsection (5) of this section, the Court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more...

9. [2021] NZEnvC 141 Waimakariri District Council [pdf, 501 KB]

   ...Furthermore, I have determined that midday on Saturday 18 September 2021 should be the effective expiry date and time for most of the orders. The latter change recognises the relatively stringent nature of the orders sought and WDC’s attendant responsibilities to act diligently in fulfilling its proposed plan notification responsibilities. The orders are amended accordingly. Result [23] Under s279, RMA it is ordered that: (a) any disclosure, publication or communication of t...

10. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

    ...Tribunal penalty decisions. [21] Mr McDonnell has not demonstrated remorse. Even at the hearing, when he reluctantly admitted liability to set it right, he attempted to dissuade us from ordering compensation. He has not demonstrated insight into the responsibilities that accompany being a member of the legal profession, the gravity of his misconduct, nor its effect on the victim of his default. [22] We accept that Mr McDonnell has retired and will not practice again. He is elde...