Search Results

1. IJ v QT LCRO 94 / 2011 (18 January 2012) [pdf, 69 KB]

   ...context of disciplinary enquiry involving the Practitioner. Despite some minor discrepancies in the evidence, the factual background and circumstances surrounding the matter are abundantly clear. [23] I accept that the Practitioner was not responsible for the car being parked in Mrs T’s car space. Nor can the Practitioner be held in any way responsible for the manner in which his father engaged with Mrs T which was, by all accounts, an exchange that was sufficiently heated t...

2. QQ v NP LCRO 121/2012 (15 June 2015) [pdf, 78 KB]

   ...without success, and says when he had heard nothing from Mr QQ by 6 September 2011, he wrote to the New Zealand Law Society (NZLS) raising his concern. 2 Standards Committee [3] The Committee forwarded Mr NP’s complaint to Mr QQ. In response Mr QQ said he was not aware that Mr NP had tried to make contact with him, or that he was being held on remand. He said he had received and considered the assignment and attached opposition to bail, and formed the view from the inf...

3. PQ v Hakaoro [2013] NZIACDT 59 (17 September 2013) [pdf, 118 KB]

   ...45(1) that the circumstances and the means of the parties require no order, the order would have been at the level of 80% of the actual costs for the complainant’s costs. The level reflects the nature of the offending, the refusal to acknowledge any responsibility, and the characterisation of the complaint as “a fraud/forgery and trivial”. Mr Hakaoro knew the complaint was genuine and has willingly caused the complainant to incur costs, and required her to respond to his allegations...

4. McKeogh v Attorney-General (Referral back to Human Rights Commission) [2017] NZHRRT 2 [pdf, 210 KB]

   ...offer to mediate. The Commission accordingly closed its file on 26 February 2016. [9.2] In the case of Ms La Fauci her complaint was notified to the Ministry on 28 November 2015. On 17 March 2016 the Ministry replied in terms identical to its response in respect of the complaint by Ms McKeogh. Again the Ministry did not offer to mediate and the Commission closed its file on 23 March 2016. [9.3] In the case of Mr Larsen the complaint was notified to the Ministry on 7 August 2014. On...

5. Katu v Peni - Tiroa E and Te Hape B Trusts (2016) 126 Waikato Maniapoto MB 215 (126 WMN 215) [pdf, 185 KB]

   ...Court, the respondent seeks to recover 75 per cent of the costs charged to Mr Peni, which he calculates as $10,949.40. [10] Mr Peni challenges the allegation made in Mr Katu’s submissions of 29 April 2016 that he has breached his duties as a responsible trustee. The Court did not find that Mr Peni had breached his duties as a trustee and it is not for the parties in making submissions for 126 Waikato Maniapoto MB 218 costs to attempt to re-litigate the substance of the case...

6. [2018] NZEnvC 040 Tasman District Council v Ashton [pdf, 376 KB]

   ...activity was offensive and objectionable. [29] There is no merit to the Ashtons' complaint that the Council ought to have tried to resolve the matter by way of issue of an abatement notice. It was for the Council as the territorial authority responsible for controlling the effects of the use of land in the Tasman District to determine the appropriate method to remedy the situation created by the Ashtons. It determined to seek an enforcement order and the Court accepted that i...

7. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...proceedings relates to her failure to appear on an application to set aside an earlier statutory demand. This occurred through mistake on the part of her counsel, who failed to appear on that occasion, and he has indicated to this Court that he bears responsibility for meeting those costs. [17] In all of the circumstances, the interests of justice prevail in favour of Ms Hannah in making an order for security for costs in this case. Ms Hannah is seeking an order in the vicinity...

8. LCRO 140/2017 ZS v XD (23 July 2018) [pdf, 107 KB]

   ...preparation is an important part of the work done leading up to a hearing it is important for counsel to be cautious when briefing witnesses and preparing for hearings. The lawyer’s input must not cross the line into coaching. Witnesses’ responses should be genuine and should not create a false impression for the court. It is not accepted that there is a proper basis for this aspect of Ms ZS’ complaint. [19] Ms ZS also says Ms XD did not present the Family Court with an impre...

9. Wihongi v Samson - Otarihau 2B1C [2018] Māori Appellate Court MB 469 (2018 APPEAL 469) [pdf, 317 KB]

   ...all parties had become aware that this “tikanga” argument was being formally advanced, based on the notice filed by counsel for persons claiming to be affected by the original gifting. Having signalled this line of argument, it was then the responsibility of those persons framing such contentions to ensure that they were properly pursued. 7 90 Taitokerau MB 30-66 (90 TTK 30-66) at 31. 2018 Māori Appellate Court MB 473...

10. Pritchard - Rangitatau Waitotara 3F1 and 3A (2020) 421 Aotea MB 140 (421 AOT 140) [pdf, 191 KB]

    ...kōrero tīmatanga Introduction [1] Reece Pritchard has filed an application to constitute an ahu whenua trust over Rangitatau Waitōtara 3F1 and 3A. He seeks the appointment of Raumarihi Te Peke, Wiremu Townsend, Terrence Jackson and himself as responsible trustees. Mr Pritchard confirms that the application has been filed as a result of a meeting of owners held on 14 and 28 September 2019 and has the support of a majority of those owners who engaged in the election. [2] Stephe...