Search Results

1. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...jury trial jurisdiction. I have directed officials to undertake further work on these options, which includes consulting with the public. 7 The two-year threshold at which a defendant is eligible to elect a jury trial is set out as a right in the New Zealand Bill of Rights Act 1990 (NZBORA) and in the Criminal Procedure Act 2011. Adjusting this threshold would limit defendants’ current right to elect a jury trial. I expect there to be significant public interest in this issue. 8 Enabli...

2. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...continued Authorised witness A person who witnesses a donor’s signature to an EPA. The signature must be witnessed by one of the following: a lawyer a legal executive who is a member of, and holds a current annual registration certificate issued by, The New Zealand Institute of Legal Executives Incorporated, has 12 or more months’ experience as a legal executive, and is employed by and supervised by a lawyer an authorised officer or employee of a trustee corporation. If the attorney is a...

3. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

   ...with his former clients. Mr Johnston accepted that strike off was inevitable given his repeated failures, particularly in the area of acting in conflict of interest both between clients, and between himself and clients. [11] These issues were addressed in a decision of the Tribunal of May 2011. On that occasion Mr Johnston also expressed remorse and intention to modify his behaviour to fall within proper professional boundaries. 4 [12] In that decision we remarked upon...

4. [2015] NZEmpC 205 Best Health Products Ltd v Nee [pdf, 153 KB]

   ...an email to the Registrar of the Court stating that BHPL was “about to file a challenge to determination by ERA”. He asked whether this could be filed by email or courier. The Registrar responded immediately providing details of an email address for the filing of documents electronically, and explaining that hardcopies would need to follow which the Court would stamp and return to enable service on the other party. Mr Gu was also told that a filing fee would need to b...

5. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...outlined the respondents’ proposed defence based on limitation issues. [16] The claimant’s counsel replied to the Heaney letter, also without prejudice save as to costs, on 14 February 2008, (claimant’s letter). The limitation issue was not addressed in that letter. [17] It would appear that the claimant did not address the limitation issue before the hearing. The limitation defence was ultimately successful. [18] In Willis Trust v Laywood and Rees and others CIV...

6. [2018] NZEnvC 210 Port of Tauranga Limited v Bay of Plenty Regional Council [pdf, 365 KB]

   ...appellant has taken the following steps to ensure that stormwater discharges from the Port of Tauranga will meet permitted activity standards: 3.1 From 1 October 2018 the appellant has engaged a Log Yard Co-Ordinator. The Log Yard Co-Ordinator is a newly created role that will focus on the log yard areas and berths, in particular co-ordinating truck sweeper responses to the log marshallers' operations, identifying priority sweeping areas, ensuring regular cleaning of stormwat...

7. [2023] NZEnvC 004 KiwiRail Holdings Limited v Whangarei District Council [pdf, 29 MB]

   ...proposed provisions, including with reference to existing built development. Appeal [15] KiwiRail and Waka Kotahi appealed the Decisions seeking: (a) relief consistent with the submissions; or (b) alternative, additional or consequential relief to address the issues identified in the appeals. Parties [16] There are common s274 parties to the relevant aspects of the KiwiRail and Waka Kotahi appeals: Foodstuffs North Island Ltd, Kāinga Ora – Homes & Communities, Southpar...

8. Respondent TPO Information Pack [pdf, 548 KB]

   ...nnsvs.org.nz/information/ If you want help to oppose this Temporary Protection Order Talk to a lawyer or contact a Family Court office immediately. You should talk to a lawyer who is familiar with the Family Violence Act 2018 and the Family Court. The New Zealand Law Society has a directory of where public Lawyers are around New Zealand. You can find this here: familylaw.org.nz/public/find-a- lawyer If you cannot afford a lawyer you might be able to get Legal aid. This is whe...

9. RV v ZL LCRO 85/2012 (23 May 2016) [pdf, 70 KB]

   ...Mr ZL acted for [Company A] in this matter under the instruction of its sole director HD. 3. The transfer of property was carried out without the knowledge or consent of all shareholders. 4. The property was transferred from [Company A] to a new company that had just been formed and whose director and shareholder are recorded at the company’s office as HD’s brother-in-law, WS. 5. The property was transferred with a loss of some $449,000 … 6. ZL acted in the original purchase...

10. AH v ZS LCRO 90 / 2010 (10 February 2011) [pdf, 79 KB]

    ...regard to the administration of both the Estates and the Trusts from the Respondent, which were eventually supplied to her. [10] The Applicant was unhappy with the content of the information provided and lodged a complaint with the Complaints Service of the New Zealand Law Society. [11] The complaint as noted in the Standards Committee‟s decision was that: 1. The Applicant did not accept the figures provided by the Respondent with regard to administration of the Trusts. 2. Sh...