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1. LCRO 173/2022 JV v QR (6 May 2024) [pdf, 183 KB]

   ...trustees were MV and his solicitor, Mr LB. The discretionary beneficiaries were MV, AH and AH’s family members. The applicant was not a beneficiary of the Trust. [5] In 2008, MV appointed AH as his enduring attorney for both property and personal care and welfare. [6] The applicant lived overseas for many years. He returned to New Zealand in 2016 and saw MV regularly from then on. [7] In mid-2019, MV was in his 90s. In June of that year, his mental capacity was assessed by...

2. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...concluded that his conduct was unprofessional.11 Conflict of interest The Committee considered that Mr SW’s standard of record-keeping was inadequate and that he had not maintained proper professional standards in this regard. On looking carefully at the conduct afresh, as I am required to do, that analysis having particular regard to the thresholds established for conduct findings under ss 9 and 12 of the Lawyers and Conveyancers Act 2006 (the Act), I am satisfied that Mr SW�...

3. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   ...his reply of 3 July, Mr Sun advised of the need for an audit report and information regarding the investment funds. He stated that the applicant should now prepare the formal residence visa documents in accordance with the checklist. She was to carefully check the contents of the form which was to be sent to him after signing. [14] On 4 July 2013, Mr Sun filed with Immigration New Zealand an expression of interest in the investor category on behalf of the complainant. Mr Sun was...

4. BORA Therapeutic Products and Medicines Bill [pdf, 341 KB]

   ...provision aims to prevent the licence holder from acting in a manner which may be harmful to the public. 68. The Ministry of Health advises that the offence is also intended to encourage those responsible for medicines to meet a high standard of care. For the purposes of protecting public health and safety, a higher standard of care is required than absence of recklessness when dealing with scheduled medicines. It would not further the objective of the provision if the prosecution w...

5. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...issues: (a) what duties, if any, did Mr HG owe to Mr TY, [EEE] and their clients; (b) did Mr HG breach any of those duties? [24] The Committee was satisfied that in the circumstances Mr HG’s duty was to his clients and that he had no duty to protect or promote the interests of [EEE] or its clients. [25] However, it considered that the obligation all lawyers owe to the Court not to mislead or deceive it,4 should extend to quasi-judicial processes such as those of the Commerce C...

6. LCRO 38/2024 & 39/2024 SM v CV and CV v SM (13 August 2025) [pdf, 275 KB]

   ...Committee had regard to Mr CV’s obligation under Rule 3 to always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. It also had regard to Mr CV’s obligation under Rule 6 to protect and promote the interests of the client to the exclusion of the interests of third parties.”25 [51] The Committee described the events which occurred between February and March 2022 as ‘fast moving’ and that Mr CV’s advice was gi...

7. Issue 41: 1 October- 31 December 2024 [pdf, 949 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2024 Office of the Chief Coroner | 2024 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a d

8. KT & NT v N Ltd [2024] NZDT 374 (31 May 2024) [pdf, 178 KB]

   ...is liable to repair the door. 5. The concreting of a domestic driveway is a service that is ordinarily acquired for personal or domestic use or consumption and as such is subject to the guarantee that the service will be supplied with reasonable care and skill as provided in s.28 of the Consumer Guarantees Act 1993, the CGA. Where there has been a failure to so render a service the consumer is entitled to exercise the options set out in s.32 of the CGA. 6. Typically, a consumer wou...

9. BORA Hawke’s Bay Regional Planning Committee Bill [pdf, 270 KB]

   ...Meetings Act - to “avoid disclosure of the location of wāhi tapu of significant interest to any iwi or hapū represented by a tāngata whenua appointer ...”. 6. We have considered these provisions in light of the right to freedom of expression protected by s 14 of the Bill of Rights Act. Section 14 provides that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.” 7. Inclusion...

10. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

    ...MAKAURAU Decision [2022] NZEnvC 060 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND KAINGA ORA – HOMES AND COMMUNITIES s274 Party AND TUPUNA MAUNGA O TAMAKI MAKAUR...