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1. LCRO 167/2016 LQ v TM (13 May 2019) [pdf, 181 KB]

   ...third party who is not his [or her] client”.10 [53] In reaching the conclusion that no professional issues of an adverse nature arose for the lawyer, this Office stated that “it was the responsibility” of the complainant’s lawyer “to protect [the complainant’s] interests”, and not the lawyer who “acted for the party on the other side of a transaction”. [54] As I have also noted, the Lawyers Complaints Service suggested that Mr TM may have been able to address Mr...

2. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...never a client of Mr Kennelly. Over a period of five years, his successive complaints greatly upset Mr Kennelly who said it “took over my life.” [4] The original complaint arose from an error. Mr Kennelly acted for an elderly woman to bring protection order proceedings against her son, Mr P. Mr Kennelly’s error was to include, as an applicant, the client’s husband (Mr P’s father) whose capacity was in doubt. The client’s husband was never a client of Mr Kennelly. A...

3. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...Neither rule is absolute so as to trump the other as a matter of course; although there could be a factual situation where the seeming duty of disclosure under Rule 6.4 would be barred by the confidentiality requirement of Rule 9.21. [42] In a consumer protection regime, with the desirability of allowing consumers to make informed choices, there will be a heavy emphasis on the need for fair disclosure. Mr Hodge submits that where a matter is finely balanced as material to the purchasing...

4. Customer Charter [pdf, 2.8 MB]

   Respect You can expect We treat you with empathy and understanding. We listen to you and respect your culture, values and time. Integrity We’re fair and impartial. You can trust us to do what we say we’ll do. We take care of your information and protect your privacy. Service We care about you and are committed to providing a safe environment. We work together to help you get the information you need – no matter how or where you contact us. If you'd like to g...

5. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...of the Schedule 1 of the Resource Management Act 1991 BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-000111) D LOURIE (ENV-2019-AKL-000128) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-0000127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under s 279 of the Act Last case event: 23 June 2023 Date o...

6. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   ...Causation – Awareness of leaks 74 Latent v Patent 79 Claim No 02368-West page 4 of 168 12 THE PERRYS 80 No duty of care 81 Were the Perrys developers? 81 Were the Perrys builders? 82 Did the Perrys control any of the building work? 88 Negotiated settlement with Builder 89 Code Compliance Certificate 9...

7. MFE-Your-Guide-to-the-Environment-Court.pdf [pdf, 2.8 MB]

   ...and served on the necessary people, and that evidence is exchanged with the other parties. Community law centres (and, in some areas, environmental law centres) can also provide assistance. 10 YOUR GUIDE TO THE ENVIRONMENT COUR T You should think carefully about what specialist input you might need to support your case. This might include hiring a professional to give evidence on an aspect of your case (eg, a traffic engineer or landscape architect). If you have limited resources, it may...

8. GT v TK LCRO 06 / 2011 (20 January 2012) [pdf, 53 KB]

   ...application of the relevant professional standards and procedures. It recognises that Standards Committees are made up of experienced lawyers, together with a non legally-qualified representative of the community. [15] In this case the Committee has carefully and extensively considered the Applicant’s complaints, applied the relevant rules to the facts and reached conclusions which are detailed and compelling. It rejected the Applicant’s complaints. [16] The Applicant has no...

9. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...Introduction [1] For close to 30 years Mr Flight has been living in a house on Māori Freehold land administered by the Waipapa and Tokaanu Māori Lands Trust. Previously his parents and grandparents had occupied the house. Mr Flight cares for a dependent son with a chronic illness and cannot afford to live elsewhere. [2] In May 2016 Judge Harvey granted the trust a permanent injunction requiring Mr Flight to remove the dwelling. 1 The Judge described it as a very difficu...

10. XN v Ji [2019] NZIACDT 49 (19 July 2019) [pdf, 176 KB]

    ...eventually lodged it with the agency on 5 November 2014. It was selected on 3 December 2014 for an invitation to apply, which was duly completed and lodged by Mr Ji on 13 March 2015. [10] Immigration New Zealand sent three letters to the complainant, care of Mr Ji, requiring further information. Mr Ji says he passed them onto another employee of NZ Business Migration. He states that “we” drafted the responses which were promptly sent to Immigration New Zealand.2 [11] Immi...