Search Results

1. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 KB]

   ...shareholder). It was for Mr FE then to decide whether or not he was prepared to personally accept the company’s risk, and any risk to the present or future value of his shareholding, by signing the personal guarantee. [52] Mr FE says he was responsible for making a number of changes to the company’s records held on the Companies Office Register. Apparently as a consequence of his 10 actions, the Companies Office Register records a number of changes to the directors an...

2. IX v AQ & AP LCRO 57 / 2012 (23 May 2012) [pdf, 111 KB]

   ...obligation to determine whether alleged facts are proved or not, it cannot discharge that obligation by accepting without inquiry the findings of another Court or Tribunal as to the existence of those facts. To do that would be to abdicate its responsibility to determine the facts for itself.” [37] The standard of proof to be applied in disciplinary proceedings when determining facts, is the civil standard of proof of a “balance of probabilities” which could otherwise be de...

3. TA v NC & Anor LCRO 207-208 / 2011 (20 December 2012) [pdf, 122 KB]

   ...business venture) would have a positive outcome. By this time the firm had been providing services to the Applicant over a period of eighteen months, during which time there was no suggestion by the Applicant that anyone other than himself was responsible for the legal fees. [29] In December 2009 and January 2010 it was made clear to the Applicant that a firm payment proposal was required, with a 15 January 2010 email informing him that credit control would pursue the debt if the...

4. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

   ...are probably correct, notwithstanding the evidential support required for the serious allegation. The Tribunal has an inquisitorial role in respect of the facts before it. 3 [4] Accordingly, this is an interim decision that seeks a response from the Registrar; the decision sets out the issues and the grounds of complaint, and seeks comment from the Registrar. The Complaint The factual background [5] The Registrar’s statement of complaint put forward the following...

5. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...national plan of action clearly defines roles and responsibilities of agencies within the scope of marine biosecurity. The Ministry for Primary Industries (MPl) manages border biosecurity, the national high-risk site surveillance and national incursion responses. MPI is also responsible for setting marine pest priority species at a national level and carrying out the risk assessments of new-to-New Zealand organisms. At the time of development of this plan, New Zealand has an existing l...

6. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...and Mr EA, compensation for the “serious breach of confidentiality, hurt feelings and harm caused”, payment of Mrs EA’s lawyer’s fees, and publication of the firm’s breach of confidence and poor complaint handling process. Lawyer’s Response [15] Ms NR accepted the email had been sent to Mr EA, saying that was at his request. She said the only reason he provided his work email address was to enable her to send the wills to him. She explained that the firm coded wills to...

7. [2021] NZEnvC 041 Reid v Bay of Plenty Regional Council [pdf, 678 KB]

   ...Ridge submitted that it was just and reasonable in tl1e circumstances for it to be compensated for the costs it had to incur to respond to }\fr Reid's wholly unsuccessful application. [53] Harbour Ridge submitted that it is a business and was responsibly observing its obligations under its consent conditions. It attempted to engage constructively with Mr Reid to resolve his concerns but its attempts were rejected leaving it with no choice but to incur significant costs to defen...

8. Proactive release - Restoration and modernisation of Ministry of Justice properties [pdf, 18 MB]

   ...major property works in Tauranga, Whanganui, Papakura, Waitakere, Hutt Valley, Rotorua, Huntly, and Hamilton. The Plan includes projects that will be funded from pre-commitment and tagged contingency funding agreed through Budget 2020, and the COVID-19 Response and Recovery Fund.RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 2 Background The scope and scale of the justice property portfolio 9. The Ministry of Justice’s purpose is to work together for a fair and safe Aote...

9. Reedy - Waitangi A1A1 (2003) 66 Ruatōria MB 48 (66 RUS 48) [pdf, 857 KB]

   ...urupa. She obviously did not believe that the applicant was the person who could discharge those responsibilities and she wanted him to vacate the property in order to allow Wi Pewhairangi (Jrn) and Godfrey to return home. The applicant noted that the responsibility for maintenance of the urupa was the responsibility of whoever leased the block above the house and at the time of the hearing that was Pekama Tawera and his brothers. Rawinia Oneroa-Clarke and Parekura Clarke expressed suppo...

10. Family Court Rewrite Submission - Resolution Institute [pdf, 685 KB]

    ...mediation. When high quality and appropriate for the purpose, alternative dispute resolution can be quicker and more cost effective than court, can reduce or repair harm to relationships, and may result in more enduring resolution. About this response Resolution Institute appreciates the Panel’s ongoing efforts to engage with and hear from FDR mediators. We have encouraged members to respond directly to the Panel as well as consulting with members, AMINZ, FDR suppliers and others...