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1. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...his rights and remedies relating to his claim against EQC and IAG. [100] We therefore, for those reasons, find that Mr Shand’s conduct was unsatisfactory in respect of this issue. Issue 2 – Comments made to the media without permission [101] The Committee alleges a breach of r 8 and 8.1 which require that a lawyer has a duty to hold all information concerning a client, a retainer, and a client’s affairs in the course of that relationship in strict confidence. [102] This al...

2. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 KB]

   ...YL when Mr HC was heading the Invercargill firm, remain in place to this day. 19 [100] Mr KN argues that the agreement precisely evidences the arrangements that he says Ms YL and the accountancy firms have followed over a number of years. [101] Whilst it is understandable that Mr KN considers that the SLA bolsters his position, I am not persuaded that the agreement provides the degree of support for his position that Mr KN considers it does. [102] As noted, the agreement was e...

3. LCRO 116/2017 GC v KM (31 May 2018) [pdf, 420 KB]

   ...35 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules, rr 7 and 7.1. 19 complaint from a client with a prospect of a disciplinary response if the lawyer does not carry out the client’s instructions.36 [101] A lawyer is required to follow a client’s instructions on the client’s matter. It has been observed that a lawyer:37 must not act in contravention of a client’s instructions. It may be appropriate for the lawyer to counsel against...

4. Chaudhary v CAC 414 [2019] NZREADT 24 (7 June 2019) [pdf, 293 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 24 READT 052/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN AKHIL CHAND CHAUDHARY Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 414) First Respondent AND SUBARMANI RAJAN and SUMINTRA DEVI Second Respondents On the papers Tribunal: Hon P J Andrews, Chairperson Ms C Sandelin, Member Mr N O

5. LCRO 35/2017 QK v JF and EG (29 May 2019) [pdf, 259 KB]

   ...approach throughout, Ms QK is prepared, without shred of evidence, to parlay her dissatisfaction with an entirely conventional and purely administrative process, into accusation that impugns the reputation of all of the Committee members. [101] Ms QK is critical of the Committee’s decision to, as she describes it, withhold issuing its decisions until 14 December 2016, at which point it, in Ms QK’s words, “dumped all three decisions on me just before Christmas”. [102] Ms...

6. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...have a claim against M partnership. Appropriate steps [100] Not without some reservations, I am satisfied that Ms XC took “appropriate steps” before determining whether there were reasonable grounds for making the serious allegations. [101] For example, her first statement of claim (although wrongly naming the M partnership as the only defendant, rather than the individual partners as separate defendants) did not include any of the serious allegations, despite Mrs YP’s ins...

7. [2021] NZEnvC 007 JJ Limited v Dunedin City Council [pdf, 246 KB]

   JJ LIMITED V DUNEDIN CITY COUNCIL BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 7 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under s 120 of the Act BETWEEN JJ LIMITED (ENV-2019-CHC-112) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner D J Bunting Hearing: at Dunedin on 24 November 2020 Appearances:

8. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...circumstances, the High Court has stated that whilst the Rules are to be “applied as specifically as possible”,44 they “are also to be applied as sensibly and fairly as possible.” The rules “are practice rules, not a legislative code”.45 [101] On balance, it is my view that the time it took Mr TL to provide a draft affidavit to Mr MC, and to advance Mr MC’s matter during this period, whilst “not exemplary”, does not call for a disciplinary response. (ii) Period...

9. Proactive release - Budapest Convention on Cybercrime [pdf, 1.2 MB]

   ...provided to Ministers. Proactive release 100 This paper will be proactively released on the Ministry of Justice’s website, subject to any necessary redactions justified in accordance with the Official Information Act 1982. Recommendations 101 The Minister of Justice and the Minister for the Digital Economy and Communications recommend that the Committee: 1 Note that in June 2020 Cabinet agreed in principle to accede to the Council of Europe Convention on Cybercrime, su...

10. Crosswell v Auckland City Council [pdf, 92 KB]

    ...ground; (e) The plaster was installed over the butyl rubber membrane to the southern elevation deck and the gable parapets; (f) The plaster cladding was not installed in accordance with the manufacturer’s technical literature. Page 29 [101] The claimants in opposing the application by Mr Ruffles relied on the information contained in the Hampton Jones Responsibility Report, particularly page 8 which demonstrated the saturated timber substrate, a result of an inadequate...