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1. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000023 [2011] NZWHT AUCKLAND 43 BETWEEN GRANT D WAKELIN AND PATRICIA J WAKELIN AND LPT TRUSTEES NO.30 LIMITED as Trustees for the GET IN & WALK TRUST Claimants AND TAUPO TEXTURE COATINGS LIMITED First Respondent AND MARSHALL WATERPROOFING NZ/AUS LIMITED Second Respondent AND TODD ELLIOTT BUILDERS LIMITED Third Respondent AND TAUPO DISTRICT COUNCIL (Removed) Fourth Respondent A...

2. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...occasions pressing the lawyer to make the documents available to her instructing solicitor, so that discovery could be completed. The law firm was dilatory, but gave as a reason that work was being done to complete particular trust matters. [101] In July 2014, the documents were delivered by the lawyers to Ms GG’s instructing solicitor and from there to Mr PF. 15 Strictly, under the then prevailing rule (r 14.13) the obligation to...

3. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...solicitor having obtained possession of the passport for a legitimate forensic purpose, was entitled to retain possession against his client, and exercise a lien over it until his proper costs and disbursements were paid or payment thereof was secured. [101] A careful reading of the Xu decision however, gives clear indication that the Court considered that a degree of care needed to be exercised before a lawyer elected to refuse to release a passport. [102] Basten JA, noted that:14...

4. LCRO 110/2017 EB v APPLICATION FOR REVIEW OF A PROSECUTORIAL DECISION [pdf, 262 KB]

   ...was receiving on her behalf. [100] In my view, the detail of Ms AD’s complaint provides the complete answer to Mr CW’s submission that the Committee ought to have requested, at the very least, a copy of the letter and terms of engagement. [101] Ms AD’s complaint unequivocally states that she did not receive one. There could be no clearer indication to a lawyer facing a complaint, that one of the key grounds of complaint concerned a lack of terms of engagement. [102] It fell...

5. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...advise him, and throughout she assured him that all was in order. He took comfort from her confidence that she effectively ran the practice at [HFE]. [100] I note, however, a significant error in Mr PO’s account of what took place, and when. [101] Mr PO said that on 1 October 2009 he saw Mr RQ and in his presence signed both the agreement and the lease. 1 October 2009 was the date that the purchase was settled and Mr PO took ownership of the business. [102] From a transactio...

6. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...invoices (failure to add GST to one of the accounts) and her acceptance that she was unable to access the correspondence which would have accompanied the two accounts as a consequence of an inability to access her former employee’s email account. [101] Whilst making those concessions, Ms GW nevertheless emphasised that it was her firm view that the two invoices which Ms NV argues had not been sent to her until late in the piece, would have been dispatched around the date recorded...

7. When somebody dies suddenly - Māori [pdf, 1.7 MB]

   ...(24 hours) info@sids.org.nz sids.org.nz Skylight He tautoko mō ngā tamariki me ngā whānau i te wā o te rau 0800 299 100 skylight.org.nz Tautoko pūtea ACC He tautoko mēnā i mate tētahi o te whānau i tētahi aituā 0800 101 996 acc.govt.nz Te Hiranga Tangata He moni hei āwhina me ngā utu o te tangihanga, ētahi atu tautoko pūtea rānei (kei te āhua o ō moni whiwhi) 0800 559 009 winz.govt.nz Tautoko whaitake Mō te kimi i te kaiwhakahaere tāpu...

8. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...obligation to inform the other attorney. Acceptance of that proposition could lead to the entirely untenable situation where two attorneys, entrusted with responsibility to manage a donor’s property, were acting entirely independent of each other. [101] Mr ZY’s response to this element of the complaint was not convincing. His couching of response in terms of argument that he had no duty to disclose presented as argument which presented at odds with the realities which would confron...

9. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

   ...unprofessional. Ms Tan used the importance of the interview, as a device to make the complainant feel compelled to pay the additional cost to increase the likelihood of a successful interview. She did so when she was already obliged to provide the service. [101] Ms Tan’s claim of entitlement to be retained to complete the application process, and be paid fees for doing so is misplaced. The complainant had good cause to terminate her engagement, she did not have terms of engagement that...

10. Canterbury District Law Society v Wood [2009] NZLCDT 9 [pdf, 225 KB]

    ...those complaints. [7] The fourth complaint, that Mr Wood had misled the Court and a practitioner, was upheld, and, in its decision of 19 November 2008, the Complaints Committee decided that charges should be laid against Mr Wood pursuant to s.101 of the Law Practitioners Act 1982. [8] As a consequence Mr Wood was charged with: [a] Misconduct in his professional capacity (s.112(1)(a) of the Law Practitioners Act 1982); and, in the alternative; [b] Professional negligence of...