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1. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...funds to the Practitioner’s mismanagement of trust property. [23] There are clear rules surrounding conflict which lawyers are bound to observe in their professional practice (broadly stated in Chapter 6 of the Rules of Conduct and Client Care), and lawyers must avoid acting in situations involving a conflict of interest. A conflict may arise in a number of different situations and circumstances, including where the interests of the Practitioner may conflict with those of the cl...

2. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. Tha...

3. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...from Australia. He was subsequently issued with a work visa, having again failed to declare his criminal history. When Immigration New Zealand (Immigration NZ) found out, he was issued with a deportation order. An appeal to the Immigration and Protection Tribunal failed.1 He left New Zealand in 2015. [6] On 1 June 2021, the complainant and the client, together with Ms Murthy, signed the immigration company’s service contract. Ms Murthy agreed to seek a partnership visa, inc...

4. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

   ...At hearing, Ms RL argued that she had been severely traumatised by her experience in working with the [Co 2] franchise and was vulnerable and not well placed to cope with the litigation. She considered that her lawyers had failed to adequately protect her and guide her through the litigation with careful and considered advice. Against this, it is argued for the lawyers that they had been successful in achieving what Ms RL had set out to achieve, namely to delay [Co 2]’s claim unti...

5. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A

6. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...out of her employment through a purported restructuring because she had raised concerns about BNZ. She says that BNZ’s process started after she raised those concerns between March and May 2016. She says that she raised her concerns through a protected disclosure under the Protected Disclosure Act 2000. [4] Ms Bowen’s employment terminated ostensibly for redundancy in July 2018. [5] BNZ says that the redundancy process was fair and genuine and that there was no unjustifiab...

7. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

   ...been terminated, and if so, when; and (i) did Mr DU fail to comply with his duty to complete his retainer; and (j) did Mr DU take reasonable steps to assist Ms KQ to obtain a replacement instructing lawyer, given the fiduciary duties and duties of care Mr DU owed to Ms KQ considering the proximity of the trial. [19] Those avenues of inquiry were progressed with purpose to examine as to whether Mr DU’s conduct in relation to the issues identified, amounted to unsatisfactory conduct o...

8. ENV-2016-AKL-000192 Kiwi Property Group Limited & Kiwi Property Holdings Limited v Auckland Council (Transport) [pdf, 4.7 MB]

   IN THE ENVIRONMENT COURT AUCKLAND REGISTRY ENV-2016-AKL- IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") AND IN THE MATTER of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearing Panel ("Hearing Panel") on the proposed Auckland Unitary Plan ("Proposed Plan

9. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...experience of the Commissioner as a member of the Court comes into play. In addition to mediation training, new Commissioners are buddied up and more complex mediations may be co-mediated. Plan Change appeals can involve a large number of parties. Careful management of the mediation process is critical to successful outcomes in these types of appeals. We have found that a significant proportion of appeals on Plan Change and Plan reviews are resolved through mediation. b. Reso...

10. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

    ...earlier misconduct of a similar type may demonstrate that the practitioner lacks insight into the causes and effects of such behaviour, suggesting an inability to correct it. This may indicate that striking off is the only effective means of ensuring protection of the public in the future. [18] The last-quoted paragraph is particularly apposite in the present matter. Mr Johnston has, on repeated occasions, failed to understand that he cannot behave in an entrepreneurial manner using...