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1. Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) [pdf, 254 KB]

   ...to tell the stories of Tuku Rākau and its people; to re- establish connections with the Takamore urupā and surrounding land; and to retain the land for the next generation. The land is not currently inalienable and a Māori reservation would protect the land from alienation. This is relevant in the context of TTWMA; the retention of Māori land by owners, whānau and hapū is a fundamental tenet of the legislation. 4. What is the size of the proposed reservation and its relevance...

2. Proactive-release-OIA-review-Aug22.pdf [pdf, 30 MB]

   ...Comments 1 Official Information Act 1982 – report back on targeted engagement and next steps Briefing Office of the Minister of Justice 27 September 2019 Some information has been withheld in accordance with section 9(2)(a) of the OIA to protect the privacy of natural persons. 2 Summary of Submissions – Consultation on the Official Information Act 1982 Attachment to briefing Office of the Minister of Justice 27 September 2019 Released in full. 3 Submissions from t...

3. Wynn-Parke & Anor v CAC20008 & Ors [2015] NZREADT 8 [pdf, 232 KB]

   ...costs for him in relation to which he expects some kind of compensation from the Authority. 4.4 The Committee is concerned with the kinds of things specified in section 3 of our empowering Act, namely the maintenance of industry standards and the protection of consumers. The role of the Authority and Complaints Assessment Committees is regulatory and disciplinary. It might, in certain limited classes of case, be open to a Complaint Assessment Committee to, if it upholds a complaint,...

4. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...that the AGM minutes also record that the farm was experiencing serious financial issues with Mr Bell noting that it was the view of the CoM that “current and past losses are unsustainable” and that a “new business model” was needed “to protect the core family land.” Mr Bell further advised that if the shareholders voted in favour of the sale of the Howard‟s block, the CoM would bring back specific proposals to the SGM, presumably for discussion. [8] Mr Marumaru conte...

5. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...receiving immigration services from a lawyer has a fiduciary relationship, and does not have that when receiving the same services from a licensed immigration adviser. Section 3 of the Act provides the purpose of the Act is “to promote and protect the interests of consumers receiving immigration advice”; that is a purpose it does achieve by demanding professionalism from licensed immigration advisers. [41] The Sims case concerned whether a transaction was valid given a breach...

6. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[34] Mr and Mrs N say they “are not seeking anything other than a finding that Mr VO acted deceptively” in respect of which they say there is “ample information”. [35] They say it should have been “obvious” to the Committee from “a careful examination” of their complaint that by communicating with them on his letterhead Mr VO reinforced his demands of them. Response [36] In his response filed in this Office on 6 May 2016, Mr VO asks that the Committee’s decision...

7. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...wilfully or recklessly engaged in conduct likely to bring the industry into disrepute, contrary to Rule 13.1 of the Rules of the Real Estate Institute of New Zealand Incorporated and Rule 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. Particulars: 2.1 Between June 2007 and December 2008, while working for X X Limited, the defendant was the subject of a number of complaints to his employer and disciplinary action, including: (a) The defendant was...

8. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

   ...I. – Q: Now I’m confused because a minute ago you were talking about it as being correspondence which was sort of separately charged for and not part of your overall brief. …” [40] We also note that Chapter 13 of the Conduct and Client Care Rules14 dealing with lawyers as Officers of the Court addresses this issue also. “Alternatives to litigation 13.4 A lawyer assisting a client with the resolution of a dispute must keep the client advised of alternatives to litigation...

9. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...IJ in his letter to the Complaints Service dated 18 December 2014, in which he said that only the first of the firm’s invoices to Mr KL was excluded from the costs contribution (at [5]). 7 and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), including: 1. Advice about the employer’s contribution towards Mr KL’s legal fees and whether that contribution would cover all of those costs. 2. Advice and an explanation as to the calculation of the refun...

10. 31 May- 4 June- MD- Water Conservation Order [pdf, 1.6 MB]

    ...submissions under section 209 of the Act BETWEEN NGA KAITIAKI O TE AWA A NGARURORO HAWKE’S BAY REGIONAL COUNCIL EAST TAUPO LANDS TRUST OWHAOKO B & D LANDS TRUST WHITEWATER NEW ZEALAND INCORPORATED ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED OWHAOKO C TRUST Submitters Hearing Commenced: 09 February 2021 at East Pier Hotel, Napier Court: Judge M J L Dickey Judge L Harvey Commissioner M Mabin Commissioner K Edmonds...