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1. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

   ...assessor’s report, the signed witness statements, and the documentary evidence that has been filed. [5] The issues that I need to address are: i. What were the defects which caused water ingress? ii. Did the Urlichs breach the duty of care they owed Mr Han and Mrs Woo as the developers of the property? iii. Did the claimants contribute to their loss? iv. What is the appropriate cost of the remedial work? v. What is the correct apportionment of contribution between...

2. Practice Note: Protection of Personal and Property Rights Act - selection [pdf, 33 KB]

   PRACTICE NOTE: PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT (Selection and review of ‘Counsel for the subject person’ list) 1 SELECTION AND REVIEW OF ‘COUNSEL FOR THE SUBJECT PERSON’ LIST 1.1 In each Court there will be a list of counsel who are available to accept appointments from the Court as counsel for the subject person, from which counsel may be appointed in individual cases. 1.2 The Ministry of Justice and the Family Law Section of the New Zealand Law Society hav...

3. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

   ...charged significant fees for her attendances, without having been authorised by the Court, and in respect of some attendances which could not have been authorised by the Court. Additionally, she advanced $20,000 as a loan to a family member of the protected person, without any authority to do so. Issues 1. What are the applicable principles of penalty in relation to this matter? 2. What is the level of culpability of the practitioner on the continuum of negligent conduct? 3. Ar...

4. Legal aid civil public Protection Orders fixed fee schedule [pdf, 672 KB]

   1 | P a g e CIVIL (PUBLIC PROTECTION ORDERS) FIXED FEES SCHEDULE Proceedings under the Public Safety (Public Protection Orders) Act 2014 in the High Court Termination of instructions Activity Fees Tasks Initial instructions not followed through $290 For  Taking instructions, attending the client  Preparing application for legal aid  Contacting the client  Closing the file  Reporting to client  Reporting to and invoicing Legal Aid Services Note...

5. Public Protection Orders updated 29 Sep 22 [pdf, 276 KB]

   1 | P a g e CIVIL (PUBLIC PROTECTION ORDERS) FIXED FEES SCHEDULE Proceedings under the Public Safety (Public Protection Orders) Act 2014 in the High Court Termination of instructions Activity Fees Tasks Initial instructions not followed through $290 For • taking instructions, attending the client • preparing application for legal aid • contacting the client • closing the file • reporting to client • reporting to and invoicing Legal Aid Services. Not...

6. 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...

7. 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...

8. 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...

9. 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...

10. [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...