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1. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...TPO 36). 2011 Maori Appellate Court MB 537 [8] The hearing regarding the removal of trustees and injunction order began on 8 December 2009. 7 The next day the majority trustees, James Maniapoto, Jim Biddle and Owen Purcell, resigned as responsible trustees of the Trust. On 23 December 2009 the lower Court issued an interim judgment appointing the respondent, together with Dr Charlotte Severne and Hemi Biddle as interim trustees. 8 [9] On 14 May 2010, the respondent‟s appl...

2. Wouldes v The Real Estate Agents Authority (CAC 409), Tremain & Nathan [2017] NZREADT 67 [pdf, 343 KB]

   ...Joyce reports, and knew where to obtain a copy, or at least advise as to where Mr and Mrs Wouldes could find a copy. Ms Nathan’s knowledge of the reports is evidenced by her attendance at the 29 October 2011 meeting, and her statement in her response to the complaint that “I am sure [Mr and Mrs Wouldes’ solicitor] Mr Twigg had a copy of the [2010 Joyce report] they speak about…” He submitted that Ms Nathan “must have known” of the 2010 Joyce report if she was “sure...

3. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   ...of Resource Management Engineering at Council advising its representative for the design and execution of the engineering works and construction works required in association with this consent and shall confirm that these representatives wil l be responsible for all aspects of the works covered under Sections 1.7 & 1.8 of QLDC's Land Development and Subdivision Code of Practice. 5. Prior to commencing works within the road reserve of Glencoe Road, the consent holder shall obtain...

4. Jenkins v Matauri X Incorporation - Matauri X Incorporation (2005) 101 Whangārei MB 100 (101 WH 100) [pdf, 4.8 MB]

   ...Committee wilh whom he had met and discussed the transaction a few days previously, would be aware he had not concluded the negotiations and that they should therefore have sought other advice before committing to the transaction. They were unaware that responsibility for completing negotiations and instructing solicitors was left solely to Mr Rapata. Mr Birdsall's explanation was that he did not anticipate that the transaction would be completed before his return, first because...

5. LCRO Annual Report 2009 [pdf, 520 KB]

   ...professional obligation to meet the fees of expert witnesses in the absence of other specific arrangements. It stated further (in the commentary) that the rule will also apply in circumstances where a lawyer has made a personal commitment to be responsible for the fees and expenses of a non-expert witness. The LCRO found that the conduct of the lawyer in failing to meet the payment was conduct unbecoming on the basis that a competent, ethical, and responsible practitione...

6. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...investigation [21] Prior to the investigation occurring, Ms Tamsin Lakeman was brought in to oversee the matter on behalf of MBIE. She was, at that time, on secondment as Manager, Business Advisory Services Employment at MBIE. In that role she was responsible for overseeing MBIE’s support functions in relation to the Employment Relations Authority. [22] Ms Lakeman viewed several documents which had been sent to her by Mr Wilson. She then spoke to Mr Wilson. Her pri...

7. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...counsel, and finally, deceptive and misleading conduct on the part of Mr WZ. [12] Ms HK and her husband attempted to have the agreement reached set aside. Appeals filed were unsuccessful. [13] Ms HK believed that Mr WZ had, in various ways, been responsible for her being misled as to the terms of the agreement. [14] I have had the benefit in conducting this review of being very familiar with the details of the dispute that brought Ms HK to the Court. I have conducted a number of...

8. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...attractive-looking wooden gate and is clearly intended to enhance the entrance to the Hemi property and to be permanent. There is also an older green metal gate further up the hill, which was open at the time of the site visit. No one claimed responsibility for this gate, but I am satisfied that neither the applicant nor the respondent are responsible for having put it in place. [51] A short distance past the Hemi gate the roadway takes a sharp turn to the left following the edge...

9. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [pdf, 232 KB]

   ...to their further attempts to communicate about the debt, and their indication that enforcement steps would be taken; (s) on 12 October 2016, the lawyers sent a draft statement of demand to Mr ZZ and to [ABC TOWN]’s other shareholder but no response was received; (Mr ZZ’s complaint to NZLS is dated 17 October 2016); (t) the statutory demand was finalised and served on 21 November 2016; (u) some of the work was made more complex and urgent by Mr ZZ’s own delay or failure to...

10. Te Manutukutuku Issue 30 [pdf, 8.9 MB]

    ...Waipareira, which challenges Govern­ ment policy over funding of social services, has had its second hearing in Auckland. Waipareira claim has second hearing The claimants completed their sub­ missions at the second hearing. The Crown will give its response at the next hearing, from 31 January to 3 February next year at Hoani Waititi Marae, Henderson. (A hearing scheduled for November this year has been postponed.) The Waipareira claim is an unusual one. Te Whanau 0 Waipareira i...