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1. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...Hodge reminded the Tribunal that His Honour had still found disgraceful or dishonourable conduct in relation to four particulars, after careful analysis. He submitted that must surely be regarded as serious misconduct, and must be met with a firm response. Mr Hodge submitted that there must be a strong deterrent component in the penalty imposed, in order to maintain professional standards. Mr Hodge further submitted that nothing in the decision of Whata J suggested otherwise. At...

2. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...asked to provide evidence of any such 1 Xu v Tian [2018] NZIACDT 42 & 49. 4 communications. On 15 August 2019, counsel produced copies of telephone call logs and text messages. [19] In response to further questions from the investigator, counsel said on 27 September 2017 that the complainant did not sign any contract with Ms Tian and that he paid her a total of $24,000, including school fees. Apart from $7,000 transferred by...

3. [2019] NZREADT 58 - Beckett - ruling (13 December 2019) [pdf, 163 KB]

   ...November. It was noted that the “orders” decision was also appealable to the Tribunal. [19] On Friday 15 November 2019, at 11.27 am, Ms Beckett sent an email to “Existing Complaints” at the Authority with the subject heading “C29986 – Response”. Attached to the email were a copy of the Committee’s substantive decision (together with the Appendix), five character references, and a typed document headed 2 The 20 work...

4. Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) [pdf, 447 KB]

   ...An occupation order may be for a fixed term or may be permanent and can pass by succession.6 Once granted, the holder of the occupation order is entitled to exclusive use and occupation of that area. Even where there is an ahu whenua trust responsible for administering the wider block, the trustees cannot interfere with the exclusive use and occupation of the area set aside by the occupation order. [21] Ms Spence further argued that the trustees of the ahu whenua trust could a...

5. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 462 KB]

   ...Executive of the Ministry of Justice. 55 Mediation services will be provided by the Ministry of Business, Innovation and Employment. Part 1 of the Bill contains a definition of ‘chief executive’, which is the chief executive of the department responsible for mediation services under the Act. ‘Department’ is defined as the department with the authority of the Prime Minister that is responsible for the administration of mediation services, which is the Ministry of Business, Innovat...

6. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...determining whether fees of $4,411 were fair and reasonable having regard to the interests of both the clients and the lawyer, and those factors. [17] The Committee identified (b) and (f) of r 9.1 of the LCCCR factors, — being skill required, responsibility and complexity or novelty — as being particularly relevant. [18] The Committee, as I summarise: (a) noted that, although a small discount had been applied by the practitioner, the fact remained that a significant portion o...

7. [2018] NZEnvC 236 Strategic Property Advocacy Network (SPAN) v Auckland Council [pdf, 374 KB]

   ...determined by this Court. The first is whether the draft consent order submitted by the parties should be granted. The second is whether the waivers filed by the Youngs to join the appeal out of time should be granted. The consent order [13] In response to the Court's directions the parties have advised the Court that the proposed limited subdivision provisions for the properties at 70 O'Neilis Road and 49-51 Christian Road have been developed in full recognition of, and...

8. [2018] NZEmpC 114 Allen Chambers Ltd v Pelabon [pdf, 301 KB]

   ...the Act which describes the role of the Authority; or s 174C of the Act, which specifies the time frames within which a written determination may be made. d) Attached to these submissions were comments which had been made to the Authority in response to the draft good faith report of 25 July 2018, essentially disagreeing with the proposed contents of that report. Relevant principles [20] As already recorded, the plaintiffs seek a hearing de novo in this Court. The provisions...

9. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...[13] Ms A1’s relationship with Mr JB remains difficult, she considers Ms B2’s involvement makes that worse but she does not want to have to resort to the Family Court to ensure K is protected “from harm and abuse”. [14] Ms B2 provided a response on review. She says she acted on Mr JB’s instructions in 2012 and 2017, and denies any professional wrongdoing or personal vendetta in respect of Ms A1. Ms B2 says Ms A1 refused to comply with parenting orders made in 2012 and...

10. Dr Nicholas Tony Shears - Evidence in Chief [pdf, 485 KB]

    ...the impact of fishing techniques and methods. 5. My research also addresses: 236 (a)The ecological effects of fishing on shallow reefs (b)The prevalence of urchin barrens in the Motiti Natural Environment Management Area (c)The likely response of reef ecosystems to protection Conclusions 6. The reef ecosystems in the Motiti Natural Environment Management Area and Bay of Plenty are typical of those found on the exposed coast of north-eastern New Zealand. The productivity...