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1. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 KB]

   ...The complainant and the Registrar have elected not to apply for costs of investigation or representation. Given Ms Tangilanu’s claimed inability to meet any order, the approach is not surprising. [34] Ms Tangilanu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such any order. [...

2. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...Review [11] The Applicant sought a review of the decision because there were still unanswered questions, particularly regarding the Practitioner’s failure to have verified the house ownership. He sought clarification about the Practitioner’s responsibility in regard to the matter. [12] A review hearing was held on 25 January 2011, attended by the Applicant and his daughter, and also by the Practitioner and her counsel. [13] The Practitioner was further questioned on the issue...

3. BU v YA LCRO 153 / 2010 (21 April 2011) [pdf, 90 KB]

   ...QC. The notice of claim was forwarded to the Respondent by Mr XY, prepared and signed. The Respondent therefore acted only to register the notice. This is not, however, an absolute defence for the Respondent. In his text, Ethics, Professional Responsibility and the Lawyer, Dr Webb notes at page 451 that – It will not be an absolute defence to a claim of abuse for a solicitor to claim that he or she relied on that barrister’s expertise. Such reliance may be warranted when the...

4. LCDT - 2017 annual report [pdf, 392 KB]

   ...in respect of non- practitioner employees working in a legal or conveyancing practice. As can be seen, the Act has a more consumer oriented approach than its predecessor, the Law Practitioners Act 1982. It also seeks to put in place a “more responsive regulatory regime”. This latter aspect is reinforced as part of s 231 “responsibilities of chairperson” where subsection (1)(a) refers to the “orderly and expeditious discharge of the functions of the Disciplinary Tribuna...

5. [2018] NZEnvC 137 Haydan Investments Ltd v Auckland Council [pdf, 5.4 MB]

   ...at least two (2) working days prior to the commencement of any earthworks. 8. The site shall be progressively stabilised against erosion at all stages of the earthwork activity. 9. Certification from a suitably qualified engineering professional responsible for supervising the works shall be provided to the Team Leader Compliance Monitoring Central (or their equivalent at the relevant time) confirming that the works have been completed in accordance with earthworks and erosion and sedim...

6. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

   ...owners who were unable to attend with an opportunity to state their views. Cyclone Lusi affected the weather on the day of the meeting, so that the turnout was disappointing – 25 owners attended. However, the Māori Trustee also received written responses from 70 owners. The outcome of the meeting was that a resolution for aggregation of the blocks was carried. The vast majority of the written responses received were also in support of the Māori Trustee’s proposal to aggregat...

7. E3 Russell Green Emirates Team New Zealand EIC Applicant [pdf, 751 KB]

   ...full name is Russell Lenard Hamilton Green. I am the Legal and Rules Advisor to Emirates Team New Zealand (ETNZ) and America’s Cup Event Limited (ACE). As the representative team of the Royal New Zealand Yacht Squadron (RNZYS), ETNZ has sole responsibility for the conduct of the 36th America’s Cup (AC36) defence, including the organisation of the event and has established ACE as the entity responsible for event management. I have been a qualified World Sailing International Ump...

8. LCRO 230/2018 TM - Application for Review of a Prosecutorial Decision (3 April 2019) [pdf, 176 KB]

   ...another lawyer. I regret not having done that. [11] As to the other matters contained in BD’s complaint, Mr TM generally denies wrongdoing, but accepts shortcomings which he submits may not reach a standard where a professional disciplinary response is required. Role of this Office on Review of Decisions to Prosecute [12] The role of this Office on review has been discussed in a number of decisions including decisions from this Office in relation to reviews of Committee decisi...

9. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...equitable right to make a claim pursuant to the PRA. Addresses for service are not confined to lawyers’ addresses. However, when Mr WS listed his office as the address for service of notices regarding Mr ZI’s Notice of Claim, he also accepted responsibility for communicating the receipt of notices for Mr ZI at that address. With that came the associated professional obligations to be diligent in his efforts to find Mr ZI in a timely way. Communicating receipt of any noti...

10. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

    ...Court MB 333 (2019 APPEAL 333). 64 Te Waipounamu MB 6 [21] The respondents submit that they do not agree to the establishment of a whānau trust, as if their father wanted this, he would have provided for it. Applicant’s submissions in response [22] Following the 11 September 2019 hearing, the applicants filed a memorandum of counsel and affidavit of Kere Cookson Ua dated 24 September 2019, in which he stated that he didn’t know his father had left a will or that he wo...