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1. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...client, and need to remain objective. The discussion goes on to note that disclosure must be complete2, with “perfect good faith”, the lawyer must secure informed consent; and there a potential need for independent advice. [40] The Court of Appeal also discussed the principles applying to lawyers in Sims v Craig Bell & Bond [1991] 3 NZLR 535, where it observed the relationship between lawyers and their clients is one recognised in equity as a fiduciary one. That relationsh...

2. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

   ...NZAR 408. 11 At [21]. 11 application for review of a determination to lay charges. However, I also note the statement of Winkelmann J in Deliu v Hong12 where she said at [31]: In my view the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

3. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...will address the entire complaint as requested by Mr YJ, apart from the allegations of criminal conduct. That does not mean that every allegation made will be specifically referred to in this decision. That approach is endorsed by the Court of Appeal where in R v Nakhla (No 2), it said:20 The court is not obliged in giving its reasons for judgment to traverse every argument submitted to it. Review Mr YJ’s allegations [82] In his application for review, Mr YJ asserts that the...

4. [2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd [pdf, 384 KB]

   ...that the concept of causation has caused difficulties in some branches of the law. However, we think it has some utility here, … In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc, the Court of Appeal outlined the correct approach to constructive dismissals as follows:7 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

5. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...She noted that the reservation trust never owned the kohanga reo building. The arrangement ended when the kohanga reo building was sold by the National Trust. • The payment of $5000 was a financial contribution towards the legal costs ofthe appeal under the Resource Management Act 1991 against the building of the prison on Ngawha Waikaukau lands - within the same tupuna whenua. She noted her view that the payment \vas authorised by the constitution of the trust (its aim, objecti...

6. [2019] NZEmpC 49 Mathews v Bay of Plenty District Health Board [pdf, 449 KB]

   ...party, “unless made in writing and signed by both parties”. This replicated the common law position that, whether a 23 Ruddlesden v Unysis New Zealand Ltd [2004] 2 ERNZ 163 (EmpC); leave to appeal declined in Unysis New Zealand Ltd v Ruddlesden [2004] 2 ERNZ 301 (CA); Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480 at [73]. 24 Above at [31] and [32]. variation takes the form of an alteration to an exist...

7. Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) [pdf, 422 KB]

   ...failing to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 8 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 181 Waikato Maniapoto MB 34 [44] The Māori Appellate Court noted that there is no requirement for unanimous owner or beneficiary support for the termination of a trust under s 241 and, except in certain limited circums...

8. 2021-03-11 Nga Runanga - opening submissions [pdf, 443 KB]

   ...effect to the NPSFM rather than the existing one. 28. The decision of the Environment Court in Clutha District Council v Otago Regional Council16 is also relevant to the issue of consent duration in the context of PC7. The Court declined an appeal by the District Council, seeking a 35-year term for a permit to take and use surface water from the north branch of Te Mata-Au. The Regional Council granted the consent for a 25-year term, and the Environment Court upheld that decision....

9. LAP contract for services [pdf, 753 KB]

   ...Contract for the Provision of Legal Aid Services and Specified Legal Services| Version 5| November 2016 9 3.10.4. of any matter that materially decreases the prospects of success of the aided person’s matter at first instance, or the merits of any appeal. 3.11. Sub-clause 3.10.4 does not apply to defence of criminal charges at first instance. Record-keeping obligations 3.12. Subject to clause 3.13 and in accordance with clauses 11.1 to 11.4 of the Practice Standards, the Provide...

10. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

    ...company, rather than with the director, then the potential for personal liability of the director, was unlikely. 15 [29] The matter has been recently considered in Dicks v Hobson Swan Construction Limited & Others, CIV2004-404-1056, an appeal (to the High Court) from a WHRS determination and dated 22 December 2006. Here, Mrs Dicks entered into a contract with the limited liability company, “Hobson Sawn”, which was the first defendant. The second defendant was Mr M...