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NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2012] NZLCDT 29 LCDT 024/11 LCDT 024/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN HAWKE’S BAY LAWYERS STANDARDS COMMITTEE Applicant AND SACHA MARIA BEACHAM Lawyer of Hastings CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr G McKenzie Mr K Raureti Mr T Simmonds Mr W Smith HEARING at Auckland on 12 October 2012 APPEARANCES...
...the damage occurred and therefore the cause of action did not accrue to the current claimants; (c) the claimants have suffered no provable loss. [4] Mr Booth and Ms Macky’s submissions put forward similar legal and factual arguments. I address the issues raised primarily with reference to Mr Booth’s more comprehensive submissions. [5] The issues that I have addressed in considering the applications before the Tribunal are: • the Tribunal’s jurisdiction t...
...___________________________________________________________________ 1 CONTENTS CHRONOLOGY ............................................................................................................2 ISSUES TO ADDRESS ................................................................................................6 WHAT ARE THE WEATHERTIGHTNESS ISSUES? ..................................................6 WAS THE CLAIM VALIDLY ASSIGNED BY SAGE TO MA...
374 Aotea MB 81 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20170004318 UNDER Sections 37, 67, 69, 98, 231 and 238 Te Ture Whenua Māori Act 1993 IN THE MATTER OF Ngāti Te Whiti Whenua Tōpu Trust DEPUTY REGISTRAR Applicant Hearing: 10 August 2017 (Heard at New Plymouth) Appearances: L Watson, for the Trustees P Capper, G Knuckey, M Tamati in person Date: 18 August...
...and on the evidence available, the Committee finds that it is more likely than not that the complainant was aware of the undertaking provided; (v) The allegations of negligence in the drafting of clause 19.3 of the Agreement are more appropriately addressed in a different forum where evidence can be tested – the disciplinary process is not a substitute for civil proceedings; and (vi) There is in all the circumstances an adequate remedy that it would be reasonable for the person aggri...
...indigenous vegetation and/or the habitat of indigenous species is protected. Any change to the operative environmental flows and levels deemed necessary as a result of the review will be made via plan changes. Provisions are included in Chapter 19 that address the potential implications of climate change in the context of water allocation and use. The PMEP was prepared under the NPSFM 2014 and the corresponding 2017 amendment. The PMEP does not give full effect to the NPSFM 2020 and...
143 Taitokerau MB 159 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150002645 UNDER Section 280 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maunga Hikurangi Kaporeihana BETWEEN VERNON PAUL RUWHIU ON BEHALF OF MAUNGA HIKURANGI KAPOREIHANA Applicant A20150005952 UNDER Section 19 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maunga Hikurangi Kaporeihana AND BETWEEN VERNON PAUL RUWHIU ON B...
...on 27 February 2012, and XXXX would be 65 years of age on 19 April 2012. [24.2] The letter was on standard Inland Revenue letterhead, signed (in an automated process) by an Inland Revenue “Manager”, and the Ministry’s “National Manager Service Delivery – Senior Services”. [24.3] The letter said to receive New Zealand Superannuation a person must be 65 years of age and have lived in New Zealand for 10 years since turning 20 years of age, and for five of those years sinc...
...rights, obligations or interests protected by law, that Authority must apply the rules of natural justice. [22] The appellant is a client of the Ministry of Social Development’s Remote Client Unit. The Authority has been advised that this unit services clients who, due to exceptional behaviour or other exceptional reasons, cannot access services through their local Work and Income centre:2 The unit is staffed by seconded Work and Income staff. Due to the nature in which the unit ope...
...residential property, and remove coverage for war damage. Most significantly, however, it replaced indemnity cover with replacement cover; whereas the old Act had offered full indemnity cover to the amount specified in the fire insurance policy, the new Act offered replacement cover up to specified limits. The rationale behind this change is explained in the following passage from the speech made by the associate Minister of Finance (the Honourable Maurice McTighe) when he introduced...