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1. Cooper v Hurunui - Estate of Derek Heemi Hurunui (2018) 394 Aotea MB 14 (394 AOT 14) [pdf, 256 KB]

   ...The Court shall not make an order under this section in favour of any person whose claim, in the opinion of the Court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955. (3) In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation of beneficial interests in Maor...

2. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...to deal with the problem of obtaining interim relief for a foreign proceeding could be addressed by allowing interim orders to be enforced under the REJA. However, interim relief orders tend to require ongoing judicial oversight and direction, the protection of third party interests and need to be made or changed at short notice. These needs would not be well met under the REJA model. Option 3 - Legislation based on the Brussels model This option, also considered by the Working Grou...

3. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...Standards Committee 1 upheld complaints against two practitioners, Mr Keith (P1) and Mr Ddinbych (P2). [2] The Committee found P1 had wrongfully terminated the retainer with the Applicant in breach of Rule 4.2 of the Lawyers: Conduct and Client Care Rules, and that this constituted unsatisfactory conduct. The Committee determined that the finding of unsatisfactory conduct recorded against his professional file, and an apology, were a sufficient penalty. It declined to consi...

4. Nguyen v Hu [2016] NZIACDT 24 (16 May 2016) [pdf, 96 KB]

   ...immigration matters, between January 2012 and April 2013. Mr Hu was aware that the complainant had limited English language skills, and often required an interpreter to assist. [3.2] On 2 November 2012, Immigration New Zealand wrote to the complainant care of Mr Hu. In this letter Immigration New Zealand gave notice the complainant had her visitor visa application approved, but should provide a police clearance certificate (PCC), less than 6 months old. The letter prominently notified t...

5. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...quality effects made under the pSWLP. The appeal raised difficult issues about how groundwater take and use should be managed in accordance with the pSWLP and the fundamental shift encapsulated within Te Mana o te Wai. As such, the Council gave careful thought to the conditions in light of the framework established by the pSWLP.21 The Council submits that this context further suggests that costs should lie where they fall. The Council's legal arguments [20] Wilkins submits th...

6. GZ v QP LCRO 226/2015 (2 September 2016) [pdf, 53 KB]

   LCRO 226/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Wellington Standards Committee [X] BETWEEN GZ Applicant AND QP Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Ms GZ has applied for a review of a decision by the Wellington Standards Committee [X] (the Com

7. [2023] NZEnvC 264 Fleet v Ashburton District Council [pdf, 179 KB]

   ...[1] This matter concerns additional charges levied by the Respondent under s 36 of the Act in relation to a non-complying activity consent application filed by the Appellant, Ms Fleet. [2] Ms Fleet applied for consent to undertake works on a protected tree located on her property at 30 Queens Drive, Ashburton. That application was ultimately declined although that is of no moment to these proceedings. [3] Ms Fleet paid the sum of $1,332 by way of a non-notified non-complying s...

8. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...Pouhere Taonga, concerning the earthworks. In short, he submits that the trustees are not entitled to undertake the earthworks and related activities given that they have not taken steps to ensure that any important archaeological sites are properly protected. [4] The trustees deny the claims. They say that their invitees are acting lawfully and in accordance with proper instructions issued by the trustees. The trustees dispute Mr Taueki’s right to bring the claims against them...

9. Muneez v Deng [2013] NZIACDT 33 (27 May 2013) [pdf, 108 KB]

   ...clear her mail promptly. However, her counsel submits that the situation fell short of negligence. He points to the consequences of Ms Deng’s failure, and in particular the 42 day appeal period. Accordingly, Mr Muneez still had adequate time to protect his interests. Presenting the best case [34] Ms Deng accepts she failed to respond to Immigration New Zealand’s letters. [35] However, she says Mr Muneez was informed of the importance of an offer of employment. [36] In that re...

10. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

    ...7 Wairarapa MB 2CONTK96. 8 Wairarapa MB 58 WAI 97-98. 9 60 Wairarapa MB 195-198. 29 Takitimu MB 600 [18] When Mrs Edmonds died her daughter Raewyn Thompson was also living in the house. She had been caring for her mother. Raewyn remained in occupation for some time after her mother’s death. It appears she moved out not long after her sister, Manu Te Whata and her husband Kena moved in. The Injunction Applications [19] The application