Search Results

1. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...genuine. [42] I do not consider that the decision was motivated by a desire to avoid having the fees subjected to further scrutiny. [43] Whilst in practical terms the E’s decision may present as rendering any decision from this office (in response to the fees complaint) somewhat academic, the question as to whether professional disciplinary issues arise stands independent from any practical matters which arise from the approach taken to the recovery of the fees. [44] I see...

2. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...lodging a caveat and positive grounds must exist for the decision to do so. [46] The purpose of the Rule is to ensure that persons with a legitimate interest in the property do not have those rights or interests interfered with. A lawyer has a responsibility not to assist persons who wish to do so. [47] In this regard I note Mr BAB’s comments at the review hearing. The company had initially submitted an offer to purchase the property which had not proceeded while the executo...

3. AQ v ZI LCRO 105 / 2010 (11 February 2011) [pdf, 106 KB]

   ...[7] On 2 April 2009, the Applicant made his concerns about these inconsistencies known to the Respondent, and also requested an indication of all possible costs from that point onwards. [8] On 3 May 2009, he sent a follow-up email requesting a response to his request. [9] Having received no response to either of these emails, he then sent an email to ZH on 19 May 2009 in which he requested a response to his emails, and withdrew his credit card authorisation for payment of accounts...

4. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...subpart 2 of Part 3 of the Act (section 52(3)(b));  the order or agreement under which it is recognised (section 52(3)(c)); and  any controls imposed on the activity by the Minister of Conservation (section 52(3)(d)). Regional councils are responsible under section 35(2)(e) RMA for monitoring compliance. If, for example, a PCR order or agreement is being exercised more frequently or over a larger area than is specified in the order or agreement, and the non- complying element...

5. Tamou v Smith - Sections 57, 58, 70, 72 and 100 of the Ratana Pa (2016) 361 Aotea MB 75 (361 AOT 75) [pdf, 297 KB]

   ...MP, in person Judgment: 18 November 2016 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Manuao Tamou seeks the appointment Danielle Marise Hika, Kahu Ariki Hurinui, Te Pahunga Martin William Davis and Jennifer Wikitoria Waitai-Rapana as responsible trustees to replace Mere Wiremu, Aparere Wiremu, Nakata Taiaroa, Piha Ratahi, Hohipera Meihana, Whaimatua Samuel Anaru, Daphne Puanani Whareaitu and Hamiora Pirpi Paki as trustees for the Rātana Pā Reserve Trust following a hui...

6. Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiariki MB 261 (154 WAR 261) [pdf, 226 KB]

   ...Trust advertised a request for expressions of interest for road engineering, harvesting, and distribution contracts in local newspapers in Opotiki, Rotorua, Whakatane and Gisborne. When the expressions of interest closed on 14 October, the only responses received were from Eastern Contracting Limited (ECL) and Eastern Woodlots Limited (EWL); companies owned and operated by trustees John Butler and Tom Butler respectively. [24] On 18 October 2016 Tu Pono Legal wrote to the Trust seek...

7. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...as “disgraceful, immoral and criminal”. 1 Standards Committee determination, 12 December 2016 at [5]. 2 At [7]. 3 At [8]. 4 At [9]. 5 Lawyers and Conveyancers Act 2006, s 4. 6 Mr WR’s response [31] Mr WR was invited to comment on the review application. He did so on 14 February 2017. [32] In his response, as I paraphrase it: (a) Mr WR set out his chronology of the relevant events which included a brief review of the v...

8. Steven v Real Estate Agents Authority (CAC 405) & Ors [2017] NZREADT 13 [pdf, 229 KB]

   ...said that when viewing the property they knew that it was directly above the gym, and they specifically asked Valerie and Courtney Steven about the hours the gym operated, and the noise level from the gym. They both said that Valerie Steven’s response was that the gym was not allowed to use gym equipment overnight, and they took her at their word. They further said that they read the Body Corporate Minutes the appellants provided to them, which led them to raise the noise issue...

9. Mabruk v The Real Estate Agents Authority (CAC 409) and Watson (not participating in appeal) [2018] NZREADT 74 [pdf, 215 KB]

   ...found that there were failures of the supervision of Mr Mabruk in respect of each of the matters on which it found Mr Mabruk had breached provisions of the Rules.5 It concluded that the Agency had “utterly and completely” failed to meet its responsibility to ensure that salespersons were properly supervised and managed.6 It found the Agency had engaged in unsatisfactory conduct by breaching s 50 of the Act, and r 8.3 of the Rules.7 [19] The Committee did not make individual fi...

10. Cooney and Dempsey TRI 2022-100-001 Procedural Order 6 [pdf, 152 KB]

    ...Limited. Personal liability [58] The report was issued by NZHIC (Christchurch) Limited and not Mr Milne personally. In order for the Council or the claimants to have a direct cause of action against him, there must be evidence that he assumed a responsibility to the claimants or had a special relationship with them such that the corporate veil may be pierced rendering him potentially personally liable. [59] Although not addressed in its application, it is necessary to consi...