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1. [2022] NZEnvC 092 Port of Tauranga Limited [pdf, 302 KB]

   ...involve the giving of legal advice or providing other legal services. Beyond that, however, I think that the effect of the Tribunal’s order on appearing before the Court to represent others raises more complex issues which need to be considered carefully in light of the relevant legislation. Statutory provisions Section 275 of the RMA provides: 275 Personal appearance or by representative A person who has a right to appear or is allowed to appear before the Environment Co...

2. [2023] NZIACDT 3 - MT v LL (2 February 2023) [pdf, 203 KB]

   ...approved the complainant’s essential skills work visa on 20 October 2021. The adviser immediately informed the complainant. [15] The complainant was advised by MBIE on 22 October 2021 that he was eligible to apply for a migrant exploitation protection visa. He applied for the visa on 27 October and it was granted the following day, 28 October. 4 [16] The complainant sent an email to the adviser that same day, 28 October 2021, stating that he did not agree with the way she a...

3. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...extent that the requirements of the common law are inconsistent with the provisions of the Act. They are therefore to be construed as stipulating the applicants’ minimum rights, not the full extent of them. As Joseph says: 10 Statutory protections are minima not maxima, and the courts will supplement the procedures by reference to common law standards of fairness. For supplementation, it must be shown that the statutory procedures are insufficient to do justice and that com...

4. [2012] NZEmpC 199 Faitala & Goff v Terranova Homes & Care Ltd [pdf, 217 KB]

   VASIVASI FAITALA V TERRANOVA HOMES & CARE LIMITED NZEmpC WN [2012] NZEmpC 199 [27 November 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 199 WRC 22/12 IN THE MATTER OF proceedings removed in full from the Authority BETWEEN VASIVASI FAITALA First Plaintiff AND DALRENE GOFF Second Plaintiff AND TERRANOVA HOMES & CARE LIMITED Defendant Hearing: 2 October 2012 (Heard at Wellington) Court: Chief Judge G L Colgan Judg...

5. AL v BW LCRO 268 / 2012 (24 July 2013) [pdf, 114 KB]

   ...and accordingly, the Committee decided to take no further action pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). [7] The Committee noted that a lawyer’s duty is to his (own) client whose interests he was required to protect, and that the Practitioner did not act for the respondent. The Committee acknowledged the Applicant’s frustration, but the fact that the parties were 3 unable to reach agreement did not give rise to professional conduct...

6. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...behalf to Mr AZ’s complaints. After addressing each of Mr AZ’s complaints, Mr CX concluded:1 … Mr BY considers that the complaint against him is without foundation. He considers that, viewed in the round, he acted with appropriate skill and care throughout the course of retainer and in accordance with how any reasonable lawyer would have acted in the particularly difficult circumstances of this case. 1 Letter CX to Lawyers Complaints Service (15 December 2020) at [50]....

7. 2020-12-07 Statement of Evidence of Richard Allibone on behalf of the ORC [pdf, 5.5 MB]

   ............................................................................................................. 28 Assessment work required to fill knowledge gaps .................................................. 30 Efficacy of Fish Screens .............................................................................................. 32 Protection of ecological values when allocating water ............................................ 35 References ..............................................

8. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...seek any further orders, including orders for costs or compensation. General Principles on Penalty [4] It is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose: Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [5] As Ms Jarman has pleaded guil...

9. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...as to what information was provided to both colleagues. [33] This office has issued guidelines on publication. Those guidelines set out the following factors as be relevant to publication: a. the extent to which publication would provide protection to the public including consumers of legal and conveyancing services; b. the extent to which publication will enhance public confidence in the provision of legal and conveyancing services; c. the impact of publication on the in...

10. FH v GJ LCRO 87/2014 (7 Aug 2015) [pdf, 77 KB]

    ...client (Mr GJ) about Ms FH.1 The complaint related to Ms FH’s involvement in the drafting and filing of a notice of claim in which she pleaded the tort of deceit. The complaint was that Ms FH had breached rule 13.8 of the Conduct and Client Care Rules.2 [3] The Committee determined that in being a party to the filing of the notice of claim Ms FH breached rules 13, 13.8 and 13.8.1 of the Rules and in particular: In brief the complaint arose from a disagreement in respect of a...