Search Results

1. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...promptly into a bank in New Zealand to a general or separate trust account of [the practitioner] and (b) must hold the money, or ensure that the money is held, exclusively for that person, to be paid to that person or as that person directs. [101] Next, r 3.4(a) of the Rules provides (footnote omitted): Provision of information 3.4 A lawyer other than a barrister sole must, in advance, provide in writing to a client information on the principal aspects of client service including...

2. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...the complaint and provide a copy of the complaint to the party about whom the complaint is made. [100] Part 2 of the Complaints Service and Standards Committees Regulations focuses on the Complaints Service, part 3, on Standards Committees. [101] To fulfil its obligations under reg 9, the Complaints Service must, on receipt of a complaint, forward a copy of the complaint to the person to whom the complaint relates. [102] This obligation arises quite independently of the Standard...

3. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   ...requirements of amended Conditions 36 and new Condition 36A, appear to provide sufficient parameters and certainty as to what the updated landscape planting and management plan based on those documents is to contain and be certified against. [101] However, the Note that refers to certifying the Landscape Planting and Management Plan (LPMP) when satisfied that the final LPMP is broadly consistent with the LPMP submitted with the application is not correct given the revised landscap...

4. [2020] NZREADT 31 – Turoa v Real Estate Agents Authority (30 July 2020) [pdf, 289 KB]

   ...the agreement. However, as we have already noted, the evidence does not clearly establish that it was Mr Turoa who inserted that date. We therefore consider only the first possible basis for the charge which we have mentioned in this paragraph. [101] Our conclusion is that the failure to notice that the deposit date had been changed but not initialled by the complainants may have amounted to a lack of oversight. However, there is no evidence establishing that the licensee’s supervis...

5. Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]

   ...that she purchased the shed and paid for it to be moved on to the land and renovated. She also paid 14 Auckland City Council v Ports of Auckland [2000] 3 NZLR 614 at [72]-[76]. 233 Waiariki MB 101 for the maintenance and upkeep, together with the ongoing expenses, including the power and insurance. Phyllis Nicholas has provided evidence of her expenditure in the form of receipts and bank account records. As noted, the t...

6. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...says: Clinical findings suggestive of right ulnar nerve compression at the elbow – Mr Waite does not experience any symptoms in relation to this. [100] Mr Light accordingly submits that the condition was pre-existing the accident date. [101] Next he refers to Dr Lane’s comment on 26 February 2015 that lateral epicondylitis was generally degenerative and anatomical rather than traumatic. [102] Mr Light also refers to the comments of Dr Emrys on 10 July 2017. Dr Emrys c...

7. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...CD’s experience (r 9.1(g)). I consider that weightings for those factors would be incorporated in Mr CD’s hourly rate of $550, which compares not unfavourably with the range of charge out rates for barristers referred to in a 2010 survey.20 [101] Taking into account the small reduction recommended, in my view an adjustment to Mr CD’s fee in this invoice is not warranted. (b) Invoice 1412, 31 August 2015 — period 1 – 31 August 2015 [102] The fee component for this invoi...

8. LCRO 96/2017 AA v BB (29 November 2019) [pdf, 203 KB]

   ...experience “the best way to solve a problem is cooperation”. He did not, however, as he stated was his practice in such circumstances, “get on the phone” to Ms CC to tell her that the mortgagee’s lawyer did not need to attend settlement. [101] Having heard from Ms GG and Mr AA, and carefully reviewed the course of events in this matter objectively, as I am required to do, I accept Mr AA’s evidence that having arranged the force limit, if Ms CC or BB’s agent attended...

9. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...Mrs Z’s and or Mr and Mrs Z’s instructions is not consistent with the evidence that she was passive in the dealings nor that Mr Williams saw 19 Paragraph [5.8]. 20 Notes of Evidence p 101. 21 Notes of Evidence pp 71 and 72. 22 Paragraph [16] submissions in response. 15 his role solely as a “decision making trustee” not solicitor acting on instructions. (l) The clear distinction in roles that existed in th...

10. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

    ...HC’s response to suggestion that he was conflicted is to argue that he was providing advice of a general nature which was caveated by warning to the parties that if there was possibility for conflict, they would need to seek independent advice. [101] But that argument ignores the fact that he could not provide advice of a general nature to all the parties at commencement. The transaction demanded that each of the parties be independently advised from commencement. [102] It was in...