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1. Waikato Bay of Plenty Standards Committee v A [2014] NZLCDT 70 [pdf, 194 KB]

   ...be regarded as serious and should be firmly responded to by the Tribunal even in the absence of any dishonesty or lack of probity. (c) Ordering compensation would help mark the seriousness of the practitioner’s negligence and go some way to protecting the consumer client and maintaining confidence in the profession. 5 (d) That although there was more than one cause of the client lender’s losses, the practitioner contributed in a material way to the loss because the i...

2. LA - Reference - Part 3A [pdf, 574 KB]

   ...comment to support your rating: a) MOJ0052.3a-June13_reference Page 4 / 6 Professional Judgement a provider of legal aid or specified legal services should: • exercise independent professional judgment on a client’s behalf and exercise due care in giving appropriate advice to a client that is legally correct and appropriate including, on producing evidence, the use of experts, dispute resolution and options following the outcome of the case. From your experience with the appli...

3. [2022] NZEnvC 132 Channel Infrastructure NZ Limited v Northland Regional Council [pdf, 11 MB]

   ...regionally significant infrastructure). [10] The parties have agreed a small extension to the mapped MPPZ as shown outlined in red in Annexure A. [11] The parties state the amendment to the pNRP maps to provide a small extension of the MPPZ is carefully designed to include the full extent of the tanker berth pocket (and associated activities) next to the Appellant’s jetty. This is considered as necessary to appropriately provide the Appellant with sufficient operational 2 Pol...

4. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...diverged. It did not “lie in Mr GK’s mouth” to say he could not discharge his duty to ABCD and Mr YJ, because he had discharged, or was in the course of discharging, his duties to Mr DQ. [127] Mr GK is in breach of rule 6, in that he was not ‘protecting and promoting the interests’ of ABCD and Mr YJ. Decision [128] The Standards Committee determined that Mr GK’s conduct “… [fell] short of the standard of competence and diligence that a member of the public is entit...

5. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...funding for section 27 Released in Part. reports Some information has been withheld in Cabinet paper accordance with sections 9(2)(h) of OIA to Ministry of Justice maintain legal professional privilege, 9(2)(f)(iv) to Meeting date: 13 December 2023 protect confidentiality of advice tendered by Ministers and officials, and s 6(2)(a) to protect international relation. 2. Removing taxpayer funding for section 27 Released in full. reports Cabinet 100-Day Plan Committee Minute [100-23...

6. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...“concerns about Mr VJ’s conduct”. (2) Personal remarks [11] Whilst noting Mr VJ did not act for Mr PF, a third party, the Committee stated Mr VJ was required, pursuant to r 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) to “conduct his dealings” with Mr PF with “integrity respect and courtesy”. [12] However, the Committee decided there was “nothing in the complaint material to suggest” Mr VJ had not treated Mr PF...

7. [2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors [pdf, 324 KB]

   ...employment agreement are likely to require payment where an employer unilaterally decides an employee is not required to work. While all these obligations are important, none are relevant to the matters currently 11 Faitala v Terranova Homes & Care Ltd [2012] NZEmpC 199, [2012] ERNZ 614 at [19]. 12 Terranova Homes and Care Ltd v Faitala [2013] NZCA 435, [2013] ERNZ 347 at [18]. 13 Karelrybflot AO v Udovenko [2000] 2 NZLR 24 (CA) at [50]. 14 Employment Relations Act 2000, s...

8. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

   ...1. A "hamlet" of 186 households and associated non-residential sites, occupying 16.47ha. The non-residential uses include a community hall/building, hotel/bar and restaurant, two retail units and three commercial units; 2. Areas to be protected by covenant, totalling 33.8Sha (of which 12.99ha is existing native vegetation and 20.86ha is proposed revegetation); 3. An area of exotic pine to be retained (O.4ha); 4. A balance area calculated by Ms de Lambert as being 41.S8ha t...

9. Dunstable v Leighton LCRO 73 / 2009 (14 July 2009) [pdf, 16 KB]

   ...[3] The Standards Committee resolved to take no further action on the complaint on the basis that the instruction to complete the valuation came from Mr X and not from Mr Leighton. In this they relied on rule 12.2 of the Rules of Conduct and Client Care for Lawyers. The Committee also found that it was not open to Mr Leighton to pay Mr X from funds of Mr X held on trust in the absence of instructions to do so. Background [4] From the correspondence on the file it appears that so...

10. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

    ...respondent was corrected from B Ltd, to E Ltd. 4. The issues to be determined are as follows: a. What were the terms and conditions of the tickets, and has E Ltd breached them? b. Was the decision to invoke the rain date made with reasonable care and skill? 5. Tickets to the concert were sold online through a third party. In order to purchase tickets customers had to check a box which states they agree to the terms and conditions. Those terms and conditions could be viewed b...