Search Results

1. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...albeit not the “2-3 days” recommended in the practice briefing, he provided the firm’s substantive response including his advice that for the firm to continue, AJ must provide her informed consent having taken independent advice beforehand. [110] In the meantime, AJ had been in touch with the other partner in the firm about competing settlement and, having received YU’s email 24 April, later that day informed YU she had received independent advice, and asked the firm to comp...

2. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...any merit in assessing whether the same circumstances amount to negligence or a lack of due care (cl 1). OUTCOME [109] I uphold the third head of complaint. Mr Parker is in breach of cl 2(a) and (e) of the Code. SUBMISSIONS ON SANCTIONS [110] As the complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [111] A timetable is set out below. Any request that Mr Parker undertake training should specify the precise course suggested. Any reque...

3. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science (5 Feb 2021) - Appendix 2 [pdf, 3.1 MB]

   ...Soil types and areas within the Strath Taieri catchment, including areas currently under irrigation. Soil Order Soil name S-map name Total area (ha) Area under irrigation (ha) Recent Pigburn Pigb_1a.2 3315 586 Recent Clutha Waim_58a.1 797 110 Recent Tarras Selw_57a.1 659 82 Recent Matarae Mata_3a.1 184 59 Recent Fraser Matra_5a.4 36 9 Pallic Middlemarch Clar_44a.1 3466 314 Pallic Lindis Lindi_1a.1 422 63 Pallic Naseby Naseb_1a.1 331 94 Pallic Gladbrook Temp_46a.1 168...

4. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [pdf, 246 KB]

   ...party by 27 August 2019. ORDER FOR SUPPRESSION [108] The Tribunal has the power to order that any part of the evidence or the name of any witness not be published.22 [109] There is no public interest in knowing the names of Mr Ji’s clients. [110] The Tribunal orders that no information identifying the clients is to be published other than to the parties. ___________________ D J Plunkett Chair 22 Immigration Advisers Licensi...

5. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...the property. Such an outcome, if it had proceeded, would have had catastrophic consequences for Mr and Mrs AA. 18 [109] Ms BB says that she discussed the option of transferring the file with Mr AA, and he agreed to that course of action. [110] The situation was difficult for Mr AA, but I am satisfied that Ms BB was careful to ensure that Mr AA was fully informed of the circumstances that had prompted her to reflect on whether she was able to continue to provide representation...

6. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...death: sections 9A and 9B of the Protection of Personal and Property Rights Act 1988. 19 from BG on 21 November 2017. He has not, however, produced any evidence or other information which explains why BG did not proceed with a new will. [110] Mr DN owed his professional duties to his client, BG, from whom the will instructions had been received. [111] Moreover, lawyers must “protect and hold in strict confidence all information” which concerns “a client, the retainer...

7. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

   ...determinations are robust and lawfully made. An applicant could also reapply at a later date if they believed there was good reason for the CCRC to reconsider their case. Decisions should be subject to internal complaints policies and judicial review 110. As noted earlier, it would be for the CCRC to develop an internal complaints procedure where an applicant is not satisfied with the CCRC’s conduct during a case review. Internal reviews are an effective way of identifying and correc...

8. People charged and convicted of homicide offences June 2018 [xlsx, 100 KB]

   ...people convicted of a homicide offence (88 people; 60%). Offence type (ANZSOC group) Charge outcome 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 Homicide and related offences total Convicted 89 114 110 77 73 138 125 133 121 146 Other proved 1 0 1 3 2 3 8 10 4 9 Not proved 73 65 58 37 49 40 37 42 32 29 Other 7 5 4 6 4 11 2 7 7 9 Total 170 184 173 123 128 192 172 192 164 193 0111: Murder Convicted 31 38 35 25 26 39 29 28 22 23 Ot...

9. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...a finding of misconduct on the alternative admitted reckless breach of the Rules as pleaded. Issues 3, 4 and 5 [109] We have found this to be professional conduct rather than personal and therefore these issues do not need to be resolved. [110] We confirm the finding of misconduct conveyed at the conclusion of the hearing to the practitioner and Standards Committee. A penalty hearing has been fixed for 24 August and counsel have been directed to file submissions in the period le...

10. BORA - APEC 2021 Bill [pdf, 199 KB]

    ...NZSC, 45 at [14] per Elias CJ. 6 Brooker v Police [2007] NZSC, 30 at [116] per McGrath J. 7 Turners and Growers Ltd v Zespri Group Ltd (No 2) (2010) 9 HRNZ 365 (HC) at [72]. 8 B v JM [1997] NZFLR 529 (HC) at 532. 9 Morse, referred above n 5, at [110] per McGrath J. 10 Kerr v Attorney-General [1996] DCR 951 (DC) at 955. 11 Andrew Butler and Petra Butler the New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at 16.4.5; Family and Whanau Violence Legislat...