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1. LCRO 111/2021 New Zealand Law Society v AP (10 January 2022) [pdf, 349 KB]

   ...“significantly compromised financially.” Notice of Hearing [31] At its meeting on 28 August 2020, the Committee resolved to set the matter down for a hearing on the papers. [32] On 10 November 2020 the Committee issued a Notice of Hearing and invited responses from Mr AP and [LFG]. [33] The Notice of Hearing is a detailed document, and rather than reproduce it in full in the text of this decision, it is attached as Schedule D. SC FILE PAGES 268 – 271. 8 Responses...

2. Kartikeya v Fernyhough [2014] NZIACDT 44 (03 April 2014) [pdf, 239 KB]

   ...alleged infringements. They were that: [9.1] The adviser failed to initiate a professional relationship in accordance with the Code of Conduct. [9.2] Did not set fair and reasonable fees. [9.3] Failed to provide an invoice. [10] The adviser’s response to the original Statement of Complaint was that he: [10.1] Had never met the complainant, never received money from her or done any work relating to her. [10.2] Explained why the papers supporting the complaint were not consistent...

3. E-Update - JV Budget Special Newsletter - May 2020 [pdf, 299 KB]

   ...Venture, which leads the Government’s efforts to create a joined-up approach to eliminating family violence and sexual violence. Here we cover last Thursday’s Budget 2020 announcement, including the family violence initiatives from the COVID-19 Response and Recovery Fund, and the earlier announcement last Monday by Jan Logie, Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues), and Associate Minister for Social Development Poto Williams. “Ref...

4. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

   ...the appointment of Ms Gardiner. [4] Both Mr Howell and Ms Gardiner reject the claims. Mr Howell says that he is not responsible for the debt that is alleged to have been ordered against him and that in any event he had paid half. Ms Gardiner in response says that she is not in any conflict of interest and should therefore be appointed. Issue [5] The issue for determination is whether or not Te Maari Gardiner and Mathew Howell should be appointed responsible trustees. Submi...

5. Randell - Omahu 4C4 (2020 ) 86 Takitimu MB 219 (86 TKT 219) [pdf, 253 KB]

   ...suffered loss attributable to the direct or indirect conduct of the trustees. [19] Another important authority is Rameka v Hall, a judgment of the Court of Appeal.6 In that case the Court set out the core duties of trustees: [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of the business of the trust: (c...

6. Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (2018) 392 Aotea MB 179 (392 AOT 179) [pdf, 345 KB]

   ...obligations of trust proceedings be heard in November 2018? [12] I understand from the case manager Mr O’Connell that counsel for Mr Rudd has now filed and served the evidence relevant to his application. It now remains for the trustees to file their responses to those claims. However, Mr O’Connell also confirms that no further response has been received from Mr Watson and this matter is considered below. The proceedings had been tentatively set down for hearing during 21-23 No...

7. CEIT Practice Notes 2022 [pdf, 460 KB]

   ............................................................................................................ 3 Applications ..................................................................................................................................... 3 Responses ....................................................................................................................................... 4 Address for service and contact details ...................................................

8. CVA Issues paper on implementation of the Victims Rights Act PDF [pdf, 1.7 MB]

   ...paper for ease of reference to refer to the Crown Solicitor network of 17 private law firms throughout New Zealand which hold crown warrants to prosecute offences, not Crown Law national office in Wellington. However, the Crown Law national office is responsible for national oversight of these private law firms. 8. In respect of each right, the Victims Rights Act usually specifies either the agency that is responsible for upholding the right or the specific role of the staff member at...

9. MacKenzie v Christchurch City Council [2011] NZWHT Auckland 59 [pdf, 125 KB]

   ...when the membrane was removed. The only work it did in relation to the deck substrate was to rescrew with stainless screws. Therefore, while I accept there is an issue of likely future damage, there is no information to establish it is the responsibility of any of the parties to this claim. HAS THE COUNCIL BREACHED THE DUTY OF CARE IT OWES MS MACKENZIE? [17] Ms MacKenzie says the Council failed in the exercise of its statutory function in relation to the inspection o...

10. Chand and Kumari v Prakash [2012] NZIACDT 60 (28 September 2012) [pdf, 145 KB]

    ...him. [9] I am satisfied the complaint is made out on the evidence, and uphold it. That is both in relation to the failure to comply with the Code in respect of the additional services, and withholding Mr Chand’s passport. The Complaint and the Response The complaint [10] Mr Chand engaged Mr Prakash as a licensed immigration adviser. His partner Ms Sant Kumari was also a party to the agreement engaging Mr Prakash. [11] They required assistance to apply for a work permit for Mr C...