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1. Vucich & Anor v CAC306 & Ors [2015] NZREADT 40 [pdf, 204 KB]

   ...the following four matters or functions in regard to penalty, namely, protecting the public; maintenance of professional standards; punishment; and rehabilitation of the agent where appropriate. With regard to the concept of punishment we add our statement from CAC (20003) v Fourie [2014] NZREADT 71 (at [32]): “It is settled law that the purpose of disciplinary proceedings is not to punish the individual, but to ascertain whether the individual has met appropriate standards of conduc...

2. Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20 (266 AOT 20) [pdf, 145 KB]

   ...individual or body would be broadly acceptable to the beneficiaries. (3) The Court shall not appoint any individual or body to be a trustee of any trust constituted under this Part of this Act unless it is satisfied that the proposed appointee consents to the appointment. (4) Subject to subsection (5) of this section, the Court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. (5) For every trust constituted under this...

3. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...March 2012 the Tribunal, by consent, entered judgement against the Auckland Council, the first respondent, in the sum of $340,000. The Auckland Council conceded liability for substantial defects in construction as set out in the claimant’s statement of claim of 28 June 2011. This included defects with window flashings, balustrades and the deck. [2] Auckland Council now seeks a contribution from Mr Lamb, the third respondent, pursuant to section 72(2) of the Weathertight H...

4. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...Office must complete the review. him. Review [20] Mr CR provided comprehensive written submissions in support of his application for review and I considered the review could be completed on the material to hand. Both parties were requested to consent pursuant to s 206(2)(b) of the Act to this review being completed on the papers.5 [21] This Office has been endeavouring to schedule the hearing for this review since March 2015 and for various reasons, including Mr CR’s unavailabili...

5. Wynyard v Waata - Manawakore C1 and D (2022) 247 Taitokerau MB 4 (247 TTK 4) [pdf, 260 KB]

   ...Taitokerau MB 16 [43] I am of the view that the duty to be active in the role of trustee remains, irrespective of whether the trustee has a reasonable excuse or has received a leave of absence from a meeting. It is implicit that when a person consents to being appointed a trustee, that he or she also consents to actively participating in trust business and attending trust meetings. If this commitment cannot be maintained to a high standard, even if there are seemingly good reason...

6. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

   ...informed them of the process for applying for residence. [66.4] Made an evaluation of the proper cost of the professional services required, and satisfied himself his fee was fair and reasonable. [66.5] Disclosed and obtained his clients’ informed consent to pursue an appropriate course. [67] The Tribunal asked Mr Standing to produce his client record. He has not produced any record, and the material before the Tribunal is sufficient to conclude that Mr Standing made no attempt to t...

7. ENV-2016-AKL-000248 Terra Nova Planning v Auckland Council [pdf, 1.3 MB]

   ...indigenous fauna; iv. Do not promote the ethic of stewardship; v. Do not result in the most appropriate plan provisions in terms of section 32 of the RMA; vi. Are contrary to the Auckland Plan; vii. Do not give effect to the Regional Policy Statement in the Proposed Plan; and viii. Are contrary to good resource management practice b. Without limiting the generality of the above, the specific reasons for this appeal are: i. The parts of the decision appealed are likely to sign...

8. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...s 7(1)(a) of the Act. 11 not have a connection with [his] status as a lawyer” such that Mrs PA “could not reasonably have thought” he was not performing a dual role as both a trustee and a lawyer. This is illustrated in Mrs PA’s statement to Mr NT, when she raised her concerns about Mr XP, that it was “prudent for [him] to take a more active interest” in the matter. [51] Following the objective assessment approach referred to by the High Court, on balance, I cons...

9. [2022] NZACC 012 - LB v Accident Compensation Corporation (Mental Injury) [pdf, 233 KB]

   ...reassessment. The appellant replied that she had no recollection of a previous assessment and 5 believed that her file had been mixed up with someone else’s file. The Corporation advised the appellant that she could send the Corporation a statement that she had never been assessed before and that she believed that the information it had was incorrect, and this would be considered. [17] On 11 June 2012, the appellant’s advocate queried the date of commencement of the ind...

10. Brightwell - Estate of Roera Rangi or Rangi Roera or Roera Te Heke-tanga [2019] Chief Judge's MB 1457 [pdf, 607 KB]

    ...have been alienated from these interests. Prior applications 4. It is noted that the applicant has attempted to lodge prior section 45 applications to this deceased as follows: 1. A20160005780 – Refused on the following grounds: i. A clear statement required as to the nature of the error, who made it and how? ii. Where whakapapa is alleged to be incorrect, the applicant’s version of the correct whakapapa iii. Contact details for people who may be affected by the applicat...