Search Results

1. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

   ...and there will be no breach of trustees’ obligations, in that the proposed lease is, in the trustees assessment, the best land use that is currently available. [14] Mr Olsen says that the Court has appointed both Mr Gardiner and himself as responsible trustees. With regard to the lease, he says that there has been a long process, of negotiations (over 12 months), with WDC. Mr Olson says that the trustees have the authority and are empowered to enter into the lease as per clause...

2. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...for the 2012 AGM was set at a trustees meeting on 22 July 2012 and notified to beneficial owners through the pre-notice of AGM sent out on 7 August 2012, 74 days prior to the AGM. This notice called for nominations of trustees and agenda items. Responses were required by 24 August 2012. The pre-notice stated: The trustees would like to call for nominations to fill three vacancies arising from current trustees Stephen Harteveld and Theona Heaslip retiring by rotation, the retiring tru...

3. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...applicant at such time and place as may be determined by the Registrar.   (f)   Not less than seven days prior to the interview, the Registrar shall forward a report  to  the applicant detailing  the enquiries made by  the panel  including details of any  response  that  is  adverse  to  the  applicant.  In  the event of  there being  insufficient  time available  to consider  the application,  the panel may adjourn  the  in...

4. ENVC Hearing 6Oct14 AC evidence chief Kala Sivaguru [pdf, 193 KB]

   ...consider material facts known to me that might alter or detract from my opinions. SCOPE OF EVIDENCE 10. This Statement of Evidence covers the following: (a) An overview of the key points from my peer review (Previous Report); (b) Response to Applicant's Evidence (Response to Applicant's Evidence); (c) Comments on draft conditions and proposed mitigation (Conditions / Mitigation); and (d) Conclusions. PREVIOUS REPORT Effects on marin...

5. DS v WH LCRO 163 / 2010 (16 August 2011) [pdf, 92 KB]

   ...[11] The Applicant did not consent to the matter being dealt with on the papers and the review hearing was scheduled to take place on 7 July in Hamilton. The Respondent was to come from Wellington, Mr WF and myself from Auckland. [12] In his response to the application for review, the Respondent referred to a letter from Mr WF to him which had been provided to the Complaints Service which refers to evidence of the IRD witness, Mr DT. The Respondent asserted that this provided the ev...

6. AP v RE LCRO 322/2012 (22 August 2014) [pdf, 58 KB]

   ...these obligations without his knowledge. [29] Instead, Mr RE made his assessment that there would be no problem with settlement of the other two sales and provided his undertaking to Mr AP based on this. [30] In his text Lawyers’ Professional Responsibility (5th Edition) Professor dal Pont says:13 Lawyers should only give personal undertakings, if at all, where the means of fulfilment are within their complete control, as opposed to being partly dependent upon the acts or omissions...

7. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

   ...advice in writing. In her email of 13 February she noted: I do not expect that it will take long to do so but you will appreciate that I take my certification responsibilities seriously and that your position has changed. Part of my role and responsibility is to ensure that your understanding of the legal position is clear and that you are not under pressure which might affect that understanding. [16] Very little occurred subsequently, other than Ms VR advised that she considered...

8. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...management by ensuring that MAF can use electronic systems rather than manual processing at the border which will enable MAF to automate certain biosecurity functions and take advantage of new technologies in the future. • The Bill will also allow the responsible Minister to establish a National Policy Direction to manage harmful organisms in the best possible way and ensure that costs of activities are aligned where necessary. • The Bill creates specific duties for importers so th...

9. LCRO 173/2017 ZD YF WP v FH [pdf, 118 KB]

   ...Mr BT not having provided the information required by rr 3.4 and 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Mr Vaughan said:4 I would observe that both before and after 1 August 2008, any responsibility in this regard rested with the instructing solicitor. This is made quite clear in Rule 3.7 of the Client Care Rules, which provides that where a lawyer is instructed by another lawyer, the obligations created by Rule 3.4 do not a...

10. Zhang v Deng [2012] NZIACDT 26 (31 May 2012) [pdf, 129 KB]

    ...now before the Tribunal. [7] Ms Deng has instructed counsel, and has filed an affidavit and submissions, which fully address the issues. Ms Deng’s counsel has gathered the relevant factual material, which is essential to evaluate Ms Deng’s response to the complaint. It has been of considerable assistance to the Tribunal. Agreement [8] Ms Deng and Ms Zhang have entered into an agreement which purports to withdraw this complaint. [9] However, the agreement is not effective in...