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1. Cavanagh v Nassiep [2012] NZIACDT 38 (31 July 2012) [pdf, 108 KB]

   ...relationship properly? [6.3] Manage the second application properly? [6.4] Have to refund fees, and if so, did she do so? [6.5] Arrange appropriate representation and professional support for Mr Cavanagh when her licence lapsed? The Complaint and the Response Ms Nassiep was licensed only for part of the time to which the complaint relates [7] This complaint relates both to times when Ms Nassiep was a licensed immigration adviser, and when she was not. [8] As this Tribunal only d...

2. Bott v Standing [2012] NZIACDT 44 (24 August 2012) [pdf, 109 KB]

   ...[30.4] The Tribunal noted that Mr Standing was required to maintain client records for seven years, and be in a position to make them available. The Code has the force of law (see sections 37–39 and 44 of the Act). It is implausible that any responsible liquidator would impede Mr Standing from getting a copy of his client record to respond to a complaint, given the legal duties on Mr Standing. [30.5] The Tribunal gave Mr Standing notice that if any person is withholding his client r...

3. Kavyu-Munalula v Standing [2012] NZIACDT 45 (24 August 2012) [pdf, 103 KB]

   ...Sands and this company). [24.4] Mr Standing was required to maintain client records for seven years, and be in a position to make them available. The Code has the force of law (see sections 37–39 and 44 of the Act). It is implausible that any responsible liquidator would impede Mr Standing from obtaining a copy of his client record to respond to a complaint, given the legal duties on Mr Standing. [24.5] The Tribunal gave Mr Standing notice that if any person was withholding his cl...

4. NNS v MUL [2014] NZIACDT 18 (26 February 2014) [pdf, 118 KB]

   ...legal aid, the Registrar did not challenge counsel for the adviser’s claim regarding his approach to the availability of legal aid. Apparently, some people contest his view. However, as a newly licensed person it would be unfair to find the adviser responsible for taking a position the Registrar is willing to defend. [72] Counsel for the complainant raised two further issues. Saying as an aspect of supervision there was “no evidence” fees were put into a client account and no invoic...

5. Smith v Smith - Waipaoa 5A2 and other lands (2017) 64 Tairawhiti MB 270 (64 TRW 270) [pdf, 217 KB]

   ...mailto:greg.shaw@tetumupaeroa.co.nz 64 Tairawhiti MB 271 Introduction [1] By interim judgment dated 22 December 2016, I issued the following orders: 1 [19] I appoint, in accordance with the agreement of the parties, Clinton Hemana of Rotorua, consultant, as independent responsible trustee to the estate, per ss222, 236, 237 and 239 of Te Ture Whenua Māori Act 1993 and s51 of the Trustee Act 1956. [20] I direct that the trustees convene a meeting on or before 30 January 2017 for...

6. Takarangi v Owens - Hautu 2B1B2A No 3 - (2018) 383 Aotea MB 50 (383 AOT 50) [pdf, 371 KB]

   ...directed to provide a report to the Court on the interest that could have been earned if the trustees been placed the trust funds on deposit for the relevant years. [5] Doyle and Associates have now filed that report. I have also received a response from Mr Bhullar, for the applicants and Mr Baxter for Leslie Owens and Frances Ketu. Background [6] In December 2012, the trustees of Hautu 2B1B2A No 3 signed an agreement with the Lake Taupo Protection Trust for the reduction of ni...

7. Guidelines: Family Court counsellors [pdf, 302 KB]

   ...and counselling organisations providing counselling services in the family justice system. The document serves as a guide for Ministry of Justice staff, counsellors and counselling organisations about the process and their respective roles and responsibilities. 2. INTRODUCTION AND COMMENCEMENT 2.1. This document covers the following: 1. Purpose 2. Introduction and commencement 3. Terms and definitions 4. Regulations for counsellors and counselling organisations 5. Criter...

8. Mhatre v Gokhale [2017] NZIACDT 13 (29 August 2017) [pdf, 130 KB]

   ...by the Authority. 4 [2.4] The Registrar accepts that the adviser did maintain a client file except in one respect, says the adviser failed to include a copy of either of the two applications she lodged for the complainant. The responses Format for the hearing [3] The complainant and the adviser both filed written replies to the Registrar’s statement of complaint. For present purposes, it is sufficient to note that they disagreed about essential facts; so, it was...

9. LCRO 161/2015 QT v LM and TP (27 September 2018) [pdf, 124 KB]

   ...the records provided to him were incomplete. [37] It is noted that Mr QT’s arguments omit reference to the file mentioned at [3] above, that Mr QT’s new lawyer uplifted from the lawyers in late September 2014. The lawyers cannot be held responsible for the condition of Mr QT’s file once it left their hands. The Rules do not impose an open-ended obligation on a lawyer to reconstruct or provide multiple copies of a client file. [38] It appears from what followed in the com...

10. [2021] NZEnvC 085 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.5 MB]

    ...requires Condition W24 to remain. [187] We further direct that by Friday 30 April 2021 the Regional Council, in consultation with TDC, submits a final set of conditions for our consideration, reflecting this Interim Decision. [2] We address the responses received below. Memorandum dated 14 May 2021 from TDC [3] TDC stated it has not identified any errors in the Interim Decision and considers the Court has accurately summarised the proposal and its factual context, subject to matters...