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1. M v New Zealand Law Society [2017] NZLCDT 15 [pdf, 58 KB]

   ...time managing the affairs of a family trust which had substantial assets, which should count against his status as a fit and proper person to conduct a business and professional practice on his own account. [21] The appellant’s counsel, in response to those concerns, submitted that he should be entitled to “start small” and cautiously proceed to develop a viable and profitable practice there being no other approach for him to take at present. He submitted that the Society h...

2. BORA Family and Whanau Violence Legislation Bill [pdf, 237 KB]

   ...amendments to the Bail Act 2000, Care of Children Act 2004, Crimes Act 1961, Criminal Procedure Act 2011, Evidence Act 2006, and Sentencing Act 2002. 4. The broad purpose of the legislation is to ensure the legislative framework underpinning the response to family violence is more complete and fit for purpose, and supports better a co-ordinated and effective response to family violence. 5. The provisions of the extant Act and the Bill which require consideration for their consisten...

3. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...be granted. Once it was granted, the handover of the keys took place in such a way that made CU feel unwelcome. This would not have been a happy start to any purchase, but it was not an outcome that I could find XG had caused, or that effected responsibility for the cost of re-piling. Did any breach cause CU loss for which compensation or damages should be awarded? [18] Under s43(3)(f) of the FTA, the Tribunal is able to award damages if it is satisfied that a person...

4. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...commercial opportunities in a cultural environment. 11. While Ngaati Te Ata and other iwi and/or hapuu may have common objectives in respect of our relationship with the whenua, each of our groups have our own cultural identity, tikanga, kaitiaki responsibilities and interests. The Cultural Significance of Te Waitemata 12. The name Te Waitemata translates to the water that reflects your visage. 13. Our lineage is Ngaati Te Ata Waiohua. Our interests in Taamaki Makaurau are b...

5. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...the intention of Elizabeth Crofts. It did not deal specifically with the non-signing of the instruments of alienation and the potential impact of this on the orders made. [9] The applicant responded to the affidavit on 20 September 2012. Her response raised issues with the affidavit and also questioned its content. 2013 Chief Judge's J\IIB 51 [10] Whilst the affidavit ofTe Marie Apa Crofts and the response of the applicant may add context to the application before me, I hav...

6. Motutere - Tahawai Parish of Lot 12A s 9, 16, 22, 26, and 32 Residue (2003) 76 Tauranga MB 182 (76 T 182) [pdf, 1.9 MB]

   ...Whether it is an appropriate body for the owners of this piece of land is for the shareholders to decide, and, clearly, the applicants think it is appropriate. 3. The rates arrears need to be addressed by someone. At present, it is not clear who is responsible for the rates arrears; somebody needs to take charge of dealing with this issue. The other issues of raupatu, the sale and purchase of railway land and representation at the District Council are hapO issues, rather than issu...

7. LCRO 247/2014 GG v HH and II (15 August 2017) [pdf, 134 KB]

   ...Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of the application for review, there are no additional issues or questions in my mind that necessitate any further submission from either party. On th...

8. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   ...others involved in the settlement, including Ms T and [Bank], for no reason. Ms BC believes that all the documents for the separation agreement were ready and only waiting to be signed. [24] Ms BC oversimplifies the position. [25] Mr RN was responsible for assisting in drafting the separation agreement, and for implementing it. He had no choice but to resolve the situation over ownership of the property, arising from Ms M’s existing registered interest, and, when details later...

9. Rickard - Te Araroa Māori Township Sections 14, 15, 23 (2001) 61 Ruatōria MB 245 (61 RUA 245) [pdf, 462 KB]

   ...Ruaotainui, was created by surveyed Investigation of Title Order dated 2 September 1927. The lands were once subject to the Maori Reserved Land Act 1955. There has been an ahu whenua trust constituted over these sections and the Maori Trustee is the responsible trustee. (See 16 Ruatoria MB 371- 372 varied at 42 Rua 278). His Honour Judge Russell at 28 Ruatoria MB 239 described the reason for the need to establish the trust to administer the land in the following terms: By 1979 forestry...

10. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

    ...behalf of Mr S, by the Greens. That led him to overlook his professional obligations to Mr S. [5] The following Code violations were found against Mr De’Ath: (1) Failed to explain the summary of licensed immigration advisers’ professional responsibilities to Mr S and failing to advise him how to access a full copy of the Code before entering into a written agreement with him, in breach of cl 17(b). (2) Failed to ensure there was a written agreement containing a record that...