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1. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...trustees in relation to the interlocutory application to set aside notices of protest, did Mrs EL fail to raise s 11 of the Arbitration Act? If so, did that mean Mrs EL had failed to act competently and in accordance with the duty to take reasonable care?1 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3. 6 (b) If Mrs EL failed to raise s 11 of the Arbitration Act, did that mean the fees Mrs EL...

2. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...and 8(d) of the 2010 Code). [53.4] maintained business practices under which he relied on unlicensed people acting as his employees or agents to provide immigration advice to his client (Clauses 2.1(b) and 3 of the 2010 Code). [53.5] failed to protect against the risk of inaccurate information being supplied to immigration New Zealand (Clause 2.1(f) of the 2010 Code). [53.6] failed to perform his services with due care, diligence and professionalism, including by failing to take r...

3. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...provisions establish the statutory context within which to consider the conduct of lawyers, and help to inform the application of the Rules and professional standards. The Rules [44] In addition to the statutory obligation on a lawyer which includes protecting the interests of his or her clients, and acting in accordance with fiduciary duties and duties of care owed to his or her clients, the Rules set the minimum standards that lawyers must observe, and provide a reference point...

4. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...2484 TU-447097-3-1284-V9:TU 5 influence through the generations the greater the mana. Maintaining clean waterways is a simple but essential exercise to enhance mana as it impacts on the wellbeing of the people. Our kaitiaki therefore are very careful and conscientious of how we conduct ourselves when caring for waahi tapu, taonga, sources of food and water. Our actions today have consequences on the issue of tomorrow – ngaa uri whakatupuranga. 23. Tapu is contained in its...

5. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   ...to Mr RN. [5] Mr and Ms BC owned the family home, subject to a mortgage, jointly with one of their two daughters, Ms M. Ms M lived overseas. She was to retain her interest in the property. Mr RN was concerned about the potential for a Family Protection Act claim by the other daughter, whose interests were not protected by the interests registered jointly on the title. [6] [Bank] was not satisfied that Ms BC or her daughter could manage the loan repayments. Ms BC says that the...

6. Te-Iwi-o-Ngati-Tukorehe-Trust-Cultural-Impact-Assessment-v2.pdf [pdf, 4.3 MB]

   ...This event is an important part of the heritage and history of Ngāti Tukorehe and association with the Ōhau Awa,  where three of these massive logs needed for the building of Rangiatea church are located alongside the Ōhau  Awa  in  the Pukeatua area. Ensuring  that  these massive  totara  trees are  recognised and protected  is  vitally  important to Ngāti Tukorehe and therefore is articulated here in this report.31    �...

7. LCRO 1/2021 NB v GP (31 May 2022) [pdf, 224 KB]

   ...an examination of Mr NB’s complaint is r 3, which directs that in providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. [33] In LCRO 205/2015, the Review Officer addressed the factors a Review Officer may consider, when addressing complaint that a lawyer has failed to act competently. Paragraphs [34] to [42] following, are adopted from that decision.5...

8. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

   ...and liquidation proceedings in relation to H and C. [14] The application is opposed by RPW. [15] H’s application relied on alleged breaches of the Lawyers and Conveyancers Act, the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 1.20 of the High Court Rules 2016, the Evidence Act 2006, and the Crimes Act 1961. The reliance on the last two statutes was not explained in the application, or H’s submissions, and they do not need to be considered an...

9. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...Part III: Statutory provisions relevant to Ngati Pahauwera’s application (a) Customary marine title, s 58 application ................................. 7 (b) Section 78 wahi tapu claim .........................................................8 (c) Protected customary rights under s 51 .....................................9 Part IV : The evidence and an agreed approach .........................................................10 Part V : Customary marine title claim under s 58 Holds the speci...

10. Auckland Standards Committee v Sharma [2015] NZLCDT 12 [pdf, 148 KB]

    ...well known that the Disciplinary Tribunal’s penalty function does not have as its primary purpose punishment, although orders inevitably will have some such effect. The predominant purposes are to advance the public interest (which includes “the protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases.” [40] It was Daniels8 also which reminds th...