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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 126 Ref: LCRO 073/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN LM Applicant AND NO Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms LM has
...claimants in tort for their losses to the extent of $41,303.48 as outlined in this decision [75] Under section 72(1) of the Act the tribunal can determine “any liability to any other respondent”. In addition under section 17 of the Law Reform Act 1936 any tortfeasor is entitled to claim a contribution from any other tortfeasor in respect of the amount to which it would otherwise be liable. [76] The basis of recovery of contribution provided for in s17(1)(c) is as fo...
...Advisers Registrar BETWEEN O J Complainant AND Apurva Khetarpal Adviser No information identifying the complainant is to be published. DECISION REPRESENTATION: Registrar: Ms S Carr, lawyer, Ministry of Business, Innovation and Employment, Auckland. Complainant: Mr D J Ryken, Ryken and Associates, Auckland. Adviser: Mr S Laurent, Laurent Law, Auckland. Date Issued: 5 November 2015 2 DECIS...
...Preventing crime – key improvement goal We asked respondents to rank key improvement goals of the criminal justice system such as preventing crime from happening in the first place, rehabilitating offenders, holding offenders to account, enforcing the law and repairing the harm caused by crime. Rank 1 meant the highest priority and rank 5 the lowest. Both the random sample survey and the online survey respondents gave highest priority to preventing crime from happening in the first pla...
...commenced to give effect to their intention no later than 10 October 2007 when the former trustees filed the variation application. The former trustees then began incurring legal costs on behalf of the trusts that where wholly unwarranted and unlawful. [15] Counsel further submitted that, when challenged, the former trustees refused to concede any wrongdoing and put both the trusts and most of the beneficiaries to unnecessary expense in bringing a defended action for their removal.
...following a restructuring exercise. At the time of their departure, they had been promoted to Assistant Principals and were part of the school’s Senior Leadership Team. [2] The defendants contended that the restructuring process was flawed and that they had been unjustifiably dismissed. They took grievances against the Board of Trustees in the Employment Relations Authority.1 The Authority found that, while termination on the grounds of redundancy was substantively gen...
...amend clause 19.3 as well as clause 2.2(a). [bookmark: _Toc324853776] PART B - TRUSTEE DUTIES trustee duties 3.1 A trustee must always comply with the trustee duties. The trustee duties are a set of general and specific obligations that both the law and the terms of this order impose on the trustees. 3.2 If a trustee fails to comply with and perform his or her trustee duties satisfactorily he or she may be removed from his or her position as a trustee. 3.3 A breach of trust occurs where...
...rotator cuff tendon tearing. As noted above, that was not causally 11 related to Mr Boyle’s 27/09/2020 accident, but rather, to the chronic deterioration which had developed in his right shoulder over a long time. Deemed Cover Relevant law [31] Section 48 of the Act provides: A person who wishes to claim under this Act must lodge a claim with the Corporation for— (a) cover for his or her personal injury; or (b) cover, and a specified entitlement, for his or her perso...
...interests of the shareholders for Mr Boynton to vacate the land. Thus the Trust gave 90 days notice after receipt of the letter sent by registered mail. The date given to vacate was 3 March 2010; (4) A letter to the Trust from Davys Burton Lawyers dated 28 January 2010 indicating inter-alia that Mr Boynton would not be moving and any efforts to remove him would be resisted by all legal means; (5) A letter to Davis Burton Lawyers from counsel for the Trust dated 18 Februa...
...previous ACC clinical advice on file, as well as previous review decisions and district court decisions on file - the current cause of the clients ongoing back symptoms, is more likely to be multi-level, age-appropriate, degenerative change.” The Law [64] Section 79 of the Accident Compensation Act 2001 (the Act) sets out that the purpose of social rehabilitation is to assist in restoring a claimant's independence to the maximum extent practicable. [65] Section 81 sets ou...