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1. SG v [City] SC LCRO 250/2013 (6 March 2015) [pdf, 52 KB]

   ...identify the dormant balances and for him to ensure that they were dealt with or reported on”. 14 [19] The purposes of the Lawyers and Conveyancers Act include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. 15 [20] Mr JR has noted the comment by Mr MT that his report was only made available to the Standards Committee because of the issues relating to the FTRA. Mr MT has noted that he would not othe...

2. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was against the Corporation’s decision made on 10 March 2003 (the decision), to decline an application for backdated attendant care under s 80(3) of the Accident Compensation Act 1982 (the application). 2 [3] The impetus for the application to reinstate the appeal was my decision in Nee Harland v ACC [2012] NZACA in respect of the appeal filed unde...

3. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...applied to join the second respondents, Gayle and Stewart Cox to this claim. The Council’s application alleged that Page | 4 the second respondents were developers in their personal capacity and, as such, owed a non-delegable duty of care to Ms Taylor. [6] I ordered that the joinder application be put on notice to the second respondents so that they may indicate their position on the application. The second respondents took no steps in relation to the joinder applic...

4. Smith v Waitakere City Council [pdf, 220 KB]

   ...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse in...

5. UK v VL LCRO 142/2013 (2 September 2016) [pdf, 257 KB]

   ...[YB] is entitled to due respect from his colleagues. [61] The inference that Mr [YB] did not receive due respect from Ms [VL] is not well supported. In her letter, Ms [VL] refers to the article the [ABC] had published on [day month year]. She is careful to say that the article “ comments the [ABC] attributes to Mr [YB]. She refers to the issue and expresses the s support t [62] It is apparent from Ms [VL]’s letter that she was being cautious about whether or not the [ABC] wa...

6. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

   THE NAMES AND IDENTIFYING DETAILS OF THE COMPLAINANTS (INCLUDING K) ARE PERMANENTLY SUPPRESSED. THE NAMES OF ANONYMISED WITNESSES ARE SUPPRESSED PENDING FURTHER ORDER. ORDERS MADE PURSUANT TO S 240 OF THE LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 21 LCDT 022/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE No. 1 Applicant AND JAME

7. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...turn. However, there are a number of things to be aware of. First is that different professions use different vocabulary for (more or less) the same things – see below. Second the formula has a convenient tidiness about it, but we need to be careful of the complexities of the real world. We look at dynamic (time factors) in 3.7 below. There are other complexities about changes over time which Dr Reisinger will elaborate on. Third with regard to climate change, Drs Reisinger and La...

8. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

   ...obligations in Rules 3.4 and 3.5. In this context it appears he gave no thought to the substantive purposes of the Rules, which are intended to keep a client informed of certain matters, including fees. This is an integral aspect of the consumer protection purpose of the Lawyers and Conveyancers Act. [27] Had the Practitioner considered this matter more carefully it would have been immediately obvious that the circumstances were such that the Respondent would not 7 have r...

9. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...complaints brought by the Bar ... [41] He did go on to say that:11 But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009)....

10. Evaluation of Family Mediation pilot [pdf, 205 KB]

    ...between the mediator, parties, lawyer for child, children (by agreement), third parties (also by agreement), followed by a report to the court. Family mediation tried to assist parties to develop their own solutions in relation to their children’s care; to resolve disputes faster; and to provide for the participation of children in the decision-making process. This study was undertaken to enable the Ministry of Justice to identify any implementation issues, assess the costs of the pilot, an...