Search Results

1. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...cases cited above) “clears him of suspicion” and that he “felt vindicated by the decision”. His attitude of apology in that respect is pleasing. [52] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr J...

2. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   ...in fact. High Court challenge foreshadowed [16] On several occasions during the hearing Ms Scarborough acknowledged she had no evidence of sexual harassment or discrimination independent of her own testimony but, undaunted, stated she would be appealing any adverse decision of the Tribunal to the High Court. Indeed, in opening her case she asked the Tribunal to state a case for the High Court under s 122 of the Act on the grounds that “fraud has taken place, and I have been ignore...

3. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   SUPPRESSION ORDER MADE ON APPEAL NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZLCDT 7 LCDT 021/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE NO 1 AND H CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr G McKenzie Ms C Rowe Ms S Sage Mr W Smith DATE OF HEARING at Auckland 28 February 2013 APPEARANCES Mr L Clancy for...

4. Love v Trustees of the George Love Whānau Trust - George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) [pdf, 228 KB]

   ...matters in this case are; the allegations against the trustees for failing to fulfil their duties, disharmony 10 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) at [27]. 11 Above n 10 at [30]. 12 Bishop – James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust (2017) 56 Takitimu MB 94 (56 TKT 94) at [11]; Chambers v Keepa - Te Hinau a Pura Whanau Trust (2016) 350 Aotea MB 7...

5. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...(for example, see Re Tauhara Maori Reservation (1977) 58 Taupo MB 168; Re l\1inute Book: 102 \VHK199 Waipahihi Maori Reservation (1978) 59 Taupo MB 184; and Re Sections 722, 790, 792, 793, 794, Town of Orakei Blocks - Orakei l'v1arae (1990) Appeal 1989/8); (b) when a Maori Reservation is created over Maori freehold land, the rights of the beneficial owners to the legal estate for exclusive use and enjoyment as beneficial ovvners are suspended. The legal estate vests in the res...

6. [2021] NZREADT 32 - Tapu ( 22 June 2021) [pdf, 266 KB]

   ...the Act. Discussion Did Ms Tapu breach r 6.4? [44] Licensees are in breach of r 6.4 if they (as relevant to the present case) “withhold information that should … in fairness be provided to a customer or client”. In her judgment on an appeal from a Tribunal decision in Barfoot & Thompson v Real Estate Agents Authority (Complaints Assessment Committee 20007) her Honour Justice Thomas held that:2 … An evaluation of what “should by … fairness” be provided to a cli...

7. Tawa v Ataria - Tuaropaki E (2021) 267 Waiariki MB 184 (267 WAR 184) [pdf, 282 KB]

   ...since 2008 the Trust has had at least two periodic reviews, in 2016 and 2020, and there has been ample opportunity to address the issue. The applicant also gave evidence 3 Tito - Mangakahia 2B2 - No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86). 4 Trusts Act 2019, ss 23-27. 5 Pukeroa Oruawhata Trustees v Mitchell – Pukeroa Oruawhata Trust (2006) 11 Waiariki Appeal MB 66 (11 AP 66). 267 Waiariki MB 192 that she made specific oral requests to the previous cha...

8. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...Committee to take no further action on Mr AZ’s complaints should be confirmed. Nature and scope of review [29] The High Court has described a review by this Office in the following way:19 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It...

9. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...7 [1984] Chief Judge’s MB 123-130 (1984 CJ 123-130) 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1427 either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. Issues [19] The issues to determine in this case are:

10. Legal Complaints Review Officer v Morrison [2018] NZLCDT 40 [pdf, 339 KB]

    ...the Act). 4. Mr Morrison is to refund to the New Zealand Law Society the costs of the Tribunal in full (pursuant to s 249 of the Act). 5. The existing orders for non-publication are to continue in force pending the outcome of Mr Morrison’s appeal to the High Court. 6. The order for suspension is not to come into force until the outcome of the appeal. DATED at AUCKLAND this 27th day of November 2018 BJ Kendall Chairperson