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1. Wilton TRI-2021-100-002 Procedural Order 26 [pdf, 182 KB]

   ...for “without substantial merit” is objective.14 In Dewes v IAG New Zealand, the CEIT determined the question to be “what ought the party and its advisors have known about the prospects of the argument in question being successful?”15 On appeal, the High Court accepted the CEIT’s approach to the issue.16 [32] In Trustees Executors Ltd v Wellington City Council, Simon France J found that the defendants had advanced a case without substantial merit.17 In considering whet...

2. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...that he had been unable to write up the books because he was ill and admitted that he should not have certified to the Law Society that the accounts complied with the Society’s rules. [47] The charges against the solicitor were made out and on appeal the Court held that:9 7 B v Medical Council [2005] 3 NZLR 810 (HC) at 811. 8 Re a Solicitor [1972] 2 All ER 811. 9 Above n7 at 815. 9 on the charge of failing to keep th...

3. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...child. The Ministry of Social Development (MSD) has advised that the DPB rate is equivalent to the widow’s benefit. 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

4. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...criticise his or her conduct. It is the means by which the Committee can most strongly express its condemnation of what a practitioner has done, backed up, if it sees fit, with a fine and remedial orders. [86] I am aware that this decision is under appeal, but the fact that section 156(1)(i) of the Act contains the two different word does indicate that it was not intended that these words should be considered to be synonymous. I have applied the comments of the Court in that decis...

5. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...following children: Paratene Ututaonga ma Pereri Ututaonga ma Rapata Ututaonga ma Tame Ututaonga ma 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 553 Whare Ututaonga ma Wiremu Ututaonga ma Haki Ututaonga ma Roi Ututaonga ma Ihipera Ututaonga fa Mokeke Ututaonga fa Pani Ututaonga fa Maraea Ututaonga fa [15] The Court found that t...

6. CAC 10012 v Khan [2011] NZREADT 11 [pdf, 145 KB]

   ...licence and impose the maximum fine of $750. This decision and penalty were given orally by the Tribunal at the conclusion of the hearing. Our reasons for this decision are set out above. [45] The Tribunal draws the parties’ attention to the appeal provisions in s.116 Real Estate Agents Act 2008. DATED at Auckland this 15th day of June 2011 ______________________________ Ms K G Davenport Chairman ____________________________...

7. David Guccione Evidence in Chief [pdf, 290 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF ·DAVID GUCCIONE ON BEHALF OF MOTITI ROHE MOANATRUST 25th October 2017 Counsel Acting . Rob Enright . Barrister Level 1, Stanbeth House 28 Customs St E...

8. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...9 In Bolton v Law Society, supra, and as noted in [38] above 10 [1998] 1 NZLR 750 at 758 lines 32 - 46 11 See Waikato/Bay of Plenty District Law Society v Harris [2006] 3 NZLR 755 at 780 para 121 (Court of Appeal) 10 by her errors totalling $17,366 out of total billings over the period of $1,210,000, and the fact that the errors occurred on relatively few days compared to the number of days examined in the 31 month period covered by the audi

9. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...allegation of breach of equitable duty. The Court had the benefit of examining all of the evidence, and the cross examination of the evidence. If the Complainant disagreed with the Court’s judgment, the proper step would have been to seek an appeal. It is not appropriate to revisit this matter again here. [27] A fifth matter alleged that the Practitioner had verbally abused the Complainant when he went to his lawyer’s office to sign an agreement. The Complainant explained...

10. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

    ...in court. [77] Another decision of this Office where an award of compensation for anguish and distress has been made is LCRO 79/09 which involved a situation where dilatory conduct by a lawyer resulted in clients being out of time for lodging an appeal in court.13 In that review, the applicant had claimed a sum of $18,000 by way of compensation for “stress 12 At [29]. 13 LCRO 79/09 (24 September 2009). 15 of an emotional and...