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1. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...appeals concurrently as many of the issues raised by the appellants were identical or similar. Having said that, we first heard from counsel for the first appellants, then Mr Taueki. In the afternoon we then heard from Dr Jonathan Procter in response, followed by replies from the first and second appellants. [4] At the commencement of the hearing Mrs Anne Hunt sought leave to appear, having previously given written notice of an intention to do so dated 18 January 2012. [5] Her...

2. Naera v Fenwick - Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 (2011 APPEAL 301) [pdf, 118 KB]

   ...Court not to dispose of any assets pending the appeal”. Counsel then addresses the specific issues discussed in the application and at the teleconference. [12] First, Ms Aikman submitted that, even though the Māori Land Court had accepted responsibility for failing to organise the meeting of owners, the trustees 11 A20110005116. 12 (2011) 33 Waiariki MB 147 (33 WAR 147-186). 13 (2011) 34 Waiariki MB 151 (33 WAR 151-171). 14...

3. VG v AB LCRO 263 / 2011 (10 May 2013) [pdf, 108 KB]

   ...cleared the way for her to receive her funds. [6] Mr VG denied that he had ever received Ms AB’s tax number although he had asked for it. Standards Committee Decision 3 [7] The Standards Committee considered the complaint and the responses of Mr VG and Ms AB in detail, and it issued its decision on 18 October 2011. [8] The Committee’s views were as follows: a. Although the bill sent by Mr VG to Ms AB was for less than $2000, the Committee decided that there...

4. LCRO 257-2016 KN v TH and HK [pdf, 116 KB]

   ...somewhere between $28,590 and $39,590 including: (a) initial attendances, providing discovery; (b) receiving the particularised statement of claim, joinder and opposition to applications for removal; (c) liaising with experts; (d) drafting a response to the claim; (e) receiving other respondents’ responses; and (f) a further conference and mediation. [21] The lawyers estimated the likely costs for each step, including, for example, time ranging between $2,000 and $8,0...

5. LCRO 02-2014 JB v ZT and UM [pdf, 215 KB]

   ...lawyer’s practice. It replaces more specific rules relating to such matters as a firm’s name, its letterhead, and advertising.6 [19] With reference to the rule and to specific provisions of the Act7, the authors of the text Ethics, Professional Responsibility and the Lawyer say:8 With that foundation it appears that there is no longer any need for specific rules on matters such as advertising, firm names, and letterheads. With respect to advertising, the Lawyers and Conveyance...

6. LCRO 1/2016 87/2016 and 88/2016 GV v Standards Committee [pdf, 167 KB]

   ...she has made direct personal contact with Ms RG’s clients. [42] The decision by the Committee to appoint an investigator was reasonable. The Committee cannot merely accept Ms GV’s denials. To do so would be abdicating the Committee’s responsibility to form an independent view of the complaints. To do this, it needs further information. Mr WB’s complaints [43] To properly understand and determine Mr WB’s complaints, the Committee must have a full understanding o...

7. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...of the Canterbury earthquakes. The Bill will facilitate the planning, rebuilding, and recovery of affected communities, including the repair and rebuilding of infrastructure and other property. The Bill will also repeal the Canterbury Earthquake Response and Recovery Act 2010. 4. The Bill seeks to establish the Canterbury Earthquake Recovery Agency (CERA), a new public service department, to coordinate recovery efforts. The Bill provides for the development of a Recovery Strategy and...

8. BORA Freedom Camping Bill [pdf, 321 KB]

   ...promote the objectives of the Act. An infringement regime is considered to be a low cost, simple way of addressing minor offending without, in most cases, recourse to the Courts. Summary proceedings do not represent a cost effective or proportionate response to nuisance behaviour caused by freedom camping. Court action is rarely used except for the most serious type offences, as it is considered inefficient and disproportionate to the severity of the offence, therefore no effective d...

9. Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C (2016) 37 Te Waipounamu MB 129 (37 TWP 129) [pdf, 205 KB]

   ...the Crown’s offer. Accordingly, the transaction proposed was not about getting the applicants a better price, but about ensuring they would “partake equally alongside the other red zone property owners in the Crown’s earthquake recovery response.” (d) The change of status was necessary for the proposed transaction. The status of the Rāpaki blocks as Māori freehold land had obstructed the applicants’ acceptance of earlier offers. It would go on to stop them from accept...

10. IG v HC LCRO 101/12 (3 June 2015) [pdf, 47 KB]

    ...sack him. [6] Mr HC says that Ms IG initially instructed him to redraft and send a letter on his letterhead that she had written to her brother, in the hope that would generate the outcome she sought. The letter was sent, and Mr HC received a response from the brother’s English lawyer. Mr HC then sent his letter of engagement and client information to Ms IG. Ms IG then indicated she would find it difficult to pay. [7] Mr HC’s approach was to take the risk that it may take M...