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1. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 40 (9 November 2022) [pdf, 99 KB]

   ...ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 40 LCDT 020/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE 2 Applicant AND WAYNE JOHN REVELL Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Mr S Hunter KC Ms K King Ms M Noble Prof D Scott HEARING 3 November 2022 HELD AT Specialist Courts and Tribunals Centre, A...

2. Lam v The Real Estate Agents Authority (CAC 413) and Austin [2018] NZREADT 43 [pdf, 439 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 43 READT 005/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN PETER PHUONG MINH LAM Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 413) First respondent AND JIANINE (DI) AUSTIN Second respondent Hearing: 6 August 2018, at Wellington Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Mr N O’Conn...

3. Aperahama v Anderson - Section 57 of the Ratana Pa [2022] Māori Appellate Court MB 424 (2022 APPEAL 424) [pdf, 275 KB]

   ...jurisdiction of the Māori Land Court in subsection (1) applies to representation of a class or group of Māori in or for the purpose of (current or intended) proceedings, negotiations, consultations, allocations of property, or other matters. (3) A request for advice or an application for an order under subsection (1) is an application within the ordinary jurisdiction of the Māori Land Court, and the Māori Land Court has the power and authority to give advice and make determina...

4. SI v MO LCRO 241 / 2011 (7 November 2012) [pdf, 109 KB]

   LCRO 241/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of Auckland Standards Committee 2 BETWEEN SI Applicant AND MO Respondent The names and indentifying details of the parties in this decision have been changed. Introduction [1] This review involves a consideration of the obligations of a lawyer to obtain approval from a client to make payment...

5. Retemeyer v Loloa - Estate of Tahuaka Waipouri (2016) 129 Taitokerau MB 288 (129 TTK 288) [pdf, 363 KB]

   ...his own use and benefit absolutely. Procedural history [9] This application was initially filed in the Waikato-Maniapoto district. On 13 September 2013, the application was adjourned to the Taitokerau district, for hearing at Auckland, as requested by Mr Retemeyer. 1 [10] The application was first heard in Auckland on 29 September 2014. 2 Mr Retemeyer and Ms Loloa appeared. I raised with Mr Retemeyer whether he is related by...

6. Matiu - Toetoe No 6 [2018] Chief Judge's MB 739 [pdf, 436 KB]

   ...MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130001673 CJ 2013/8 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Toetoe No 6 block (Matururoimata Cemetery) CONCERNING TANGI MATIU Applicant Hearing: 19 September 2018, 2018 Chief Judge’s MB 587-607 (Heard at Whangarei) Judgment: 7 November 2018 DECISION OF DEPUTY CHIEF JUDGE C L FOX 2018 Chief Judge�...

7. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...conflict. In the cross-examination of Mr Trevelyan in the Lower Court, he indicated that the advice came from Mr Kai Fong via Mr Peter Lewis. However, there is no other evidence that advice was given prior to the hui on 1 November 2013. Mr Walters claims he then engaged his own lawyer and the parameters for the deal were agreed to. The terms were that Mr Walters would pay one-third of the purchase price at auction (with the trustee’s maximum bid limited to $900,000.00), and half...

8. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...PARAGRAPH [40] OF THIS DECISION. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 27 LCDT 021/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 4 Applicant AND LYNETTE O’BOYLE Practitioner DEPUTY CHAIR Judge J G Adams MEMBERS OF TRIBUNAL Ms A Callinan Ms N McMahon Mr S Morris Ms S Stuart DATE OF HEARING 18 October 2021 HELD AT Specialist Courts...

9. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...ownership. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT 1990 Section 14 – Freedom of Expression Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. [2] We note, taking into account the various domestic...

10. [2022] NZEnvC 202 Manawatu-Whanganui Regional Council v Paranui Organics (2006) Ltd [pdf, 5.6 MB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER BETWEEN AND Decision No. [2022] NZEnvC 202 of an application under s 320 of the Resource Management Act 1991 THE MANAWATU-WHANGANUI REGIONAL COUNCIL (ENV-2022-WLG-000032) Applicant P ARANUI ORGANICS (2006) LIMITED GLENN MARTIN BARTOSH Respondents Court: Environment Judge B P Dwyer sitting alone under s 309 of the Act Hearing: In chambers at Wellington (on the pa...