Search Results

1. 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...

2. 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...

3. VN v AG LCRO 224 / 2011 (17 May 2013) [pdf, 89 KB]

   ...acted for an individual (a property developer) who was one of the Councillors, and who had, on behalf of the Council, fronted the negotiations and sale involving the Applicant’s land. The Applicant’s view was that the lawyer had failed to protect his interests. He also alleged irregularities with the Council’s rezoning processes. [4] Before approaching the Practitioner, the Applicant had explored these same issues with another lawyer. That lawyer had analysed the informat...

4. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...volition. 26. The Bill also creates an offence of failure to comply with a cease and desist order and sets a financial penalty (the new s 136G). Restriction on freedom of expression (s 14 Bill of Rights Act) 27. Section 14 of the Bill of Rights Act protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form." The right extends to all forms of communication including advertising.[12] 28. Th...

5. [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...

6. Evaluation of Family Safety Teams pilot: stage 1 [pdf, 3 MB]

   ...perceptions of safety, including the timely provision of appropriate services, such as information regarding legal representation, access to personal alarms, provision of knowledge and skills, checks on well-being and safety, availability of child care and culturally appropriate supports. • Victims also noted the importance of the availability of support from family and friends to one’s sense of safety and personal well-being. In contrast, perceptions of safety were undermined by pe...

7. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...different descriptions in the chronology and the invoice, and Mr CM’s assertion that the invoice 1 CM v Company A [2011] XXX (HC) at [39]. 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 13.1. 3 Rule 11.1. 4 It appears Mr RG did not retain a copy of the invoice he had provided to the Court. Ms UR provided a copy of the invoice in the course of this review. 3 was a “significant piece of evid...

8. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the legislation were interpreted to exclude from its scope functions which a lawyer routinely undertakes alongside the provision of legal services but these were not considered to be regulated services. In the following para...

9. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...Act 2006 (the Act) that no further action on the complaint was necessary or appropriate. [27] In reaching that decision the Committee: 5 (a) noted the general principle that a lawyer’s duty is owed to their client so Mr WR had no duty to protect and promote the interests of Mr VY;1 (b) Mr WR, on his client’s behalf, was entitled to take a position that did not accord with that of Mr VY;2 (c) the allegation of fraudulent activity could not be sustained because neither Mr...

10. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

    ...make it necessary for this matter to be dealt with at a hearing in person. [48] The issue to be considered is narrow, and both parties have staked out their positions very clearly. [49] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [50] I record that I have carefully read the complaint, the Committee’s decision and the submissions filed...