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1. AO v Secretary of Justice 1 February 2013 NZRA 000027 [pdf, 129 KB]

   ...in family proceedings. [4] The Committee considered that the applicant as counsel had exhibited poor judgment in managing her cases, appeared out of her depth and her conduct of hearings was below an acceptable standard [5] The applicant in response to a request from the Committee provided information relating to; i. Consultation by Kerry O’Brien; ii. Supervising/mentoring arrangements in place including a copy of an undertaking given to the NZLS when she applied for issue o...

2. [2013] NZEmpC 102 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 77 KB]

   ...for the plaintiff, that there were expansive claims made and that she sought reinstatement, which was only abandoned at the investigation meeting but that evidence had to be prepared in anticipation. [16] The Authority, in its determination, in response to Mr Pau’s submission that the plaintiff’s conduct had added unnecessarily to costs, accepted that the last-minute withdrawal of the claim for reinstatement was unhelpful but did not accept that anything in that or the other m...

3. Tucker v CAC 20006 & Claydon [2012] NZREADT 46 [pdf, 41 KB]

   ...days of the date of this decision. [21] Counsel for the second respondents will have a further 10 days to respond to those submissions. The counsel for the appellant will have a further three 6 days to make any comments strictly in response to anything said by the second and third respondents. [22] The Tribunal draws the parties’ attention to the provisions of s 116 of the Real Estate Agents Act 2008. DATED at AUCKLAND this 3rd day of August 2012 ______...

4. [2014] NZEmpC 146 Rimene v Doherty and Natusch Group Limited [pdf, 63 KB]

   ...the correspondence he has received from the trustee, Mr Wily. 6. Unless some step is taken in the proceeding either by the trustee or counsel for Mr Rimene within 30 days of the date of this minute then the proceedings will be struck out. Response [6] No response to my minute was received from the trustee of Mr Doherty's bankrupt estate. Earlier, however, the trustee Mr Wily had forwarded to the Registrar a complete copy of all relevant documentation leading up to the ma...

5. Deputy Registrar v Ruapehu District Council - Section 4 Block IV Town of Ongarue (2013) 312 Aotea MB 137 (312 AOT 137) [pdf, 150 KB]

   ...to Māori freehold land with written reasons to follow. Ruapehu District Council’s submissions [11] Mr Bhullar submitted that in order to meet its costs RDC charges ‘rates’ to land owners. All land owners have a legal and a community responsibility to pay rates to enable local authorities to continue to provide services. Where rates are not paid RDC has various options available to it to enforce the payments of rates depending on the type of land subject of the rates char...

6. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

   ...of X X Real Estate in Whangarei. In November 2011 X X Real Estate was the agent for the vendor of a property at X X Street, Whangarei. The issue in this case arises out of a land covenant on the title of X X Street and the extent of the agent’s responsibility to inquire into the land covenant so the agent knows what he/she is selling. [2] The parties have reached an agreement on the agreed Statement of Essential Facts and this is set out below: 1. The parties are agreed that the...

7. Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation (2013) 74 Waiariki MB 97 (74 WAR 97) [pdf, 137 KB]

   ...269(4) of Te Ture Whenua Māori Act 1993 for the removal of members of the Committee of Management for Opawa Rangitoto 2C Incorporation. The basis for that application is the alleged failure of the Committee to call a Special General Meeting in response to requisitions filed by Mr Morehu. [3] The application was first heard by way of teleconference by Judge Savage on 26 November 2012 1 . The issue at that conference was the first requisition. The first requisition it was establ...

8. Te Tii (Waitangi) B3 Trust (2013) 62 Taitokerau MB 115 (62 TTK 115) [pdf, 89 KB]

   ...Tenancy Tribunal to evict Ms Taituha and her supporters. Ms Harawira says that on the day of the eviction she was the subject of considerable verbal and other abuse from her whanaunga who were supporting Ms Taituha. Ms Harawira’s ultimate response to that abuse was the performance of the whakapohane. [13] Ms Harawira says that this was a whakapohane and not a “brown-eye”. Happily, I am not called upon to distinguish between the two, as Ms Harawira’s evidence is unconte...

9. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. That is “the least restrictive outcome” principle applicable in criminal sentencing... ... [24] A suspension is clearly punitive, but its purpose is more than simply punishment. Its primary purpose is to advance the public in...

10. Legal aid civil consultation paper [pdf, 583 KB]

    ...of Justice is interested in your views on the proposals in this document. We are specifically interested in answers to the questions on page 11, but welcome feedback on any aspect of the fee framework. Please submit your written consultation responses by close of business on 9 March 2012 to: FamilyAndCivilLegalAid@justice.govt.nz Or post to: Family and Civil Legal Aid Framework Consultation Legal Aid Services Ministry of Justice 19 Aitken St DX SX10125 WELLINGTON 6145 A...