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1. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...months and 25 days is $2690.86. In total the amount I find that is reasonable is $12416.98. Was the painting work completed with reasonable skill and care? 11. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. 12. BX & TX state the work was not supervised as promised, the work was appallin...

2. ES v I Ltd & BI [2024] NZDT 143 (18 April 2024) [pdf, 145 KB]

   ...incurred as a result that she is entitled to be compensated for? (b) Did I Ltd enter into misleading and deceptive conduct when it issued a warrant for the [van] on 11 November 2021? (c) Did I Ltd breach its statutory guarantee to use reasonable care and skill when it issued the warrant? (d) If so, what loss can ES show she has incurred that she is entitled to be compensated for? Did BI misrepresent the [van]when he sold it to ES? If so, what loss can ES show she incurred...

3. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...Page 18 [111] Moisture ingress has occurred and is continuing to occur at roof level during extreme weather conditions. [112] The roof cladding on the east side of the garage does not extend fully over the framing so that there is only protection from the apron flashing. Water ingress is occurring through a hole in the flashing. [113] The assessor says that the roof cladding has been installed without the ends of the trough being crimped or capped. In extreme wind conditi...

4. DL Ltd v VO [2016] NZDT 952 (17 June 2016) [pdf, 88 KB]

   ...required to do at law. The sale proceeds (being the sale price less the various costs relating to the sale) were deducted off the amount VO owed. [14] ABC also charged DL Limited $287.50 which was described, in its invoice, as “Consumer Claims Protection”. DL Limited included this in the amount it is claiming. [15] There was nothing on the file explaining what this was but it appears from AA’s explanation that this was to cover situations where the person who bought the vehi...

5. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. 8. This clause affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights [5]. Accordingly, no inconsistency with s 27(3) of the Bill of Rights Act arises. 9. This advice has been reviewed, in accordance with Crown Law protocol, by Ben Keith, Crown Counsel. Yours sincerely Cathryn Curr...

6. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................

7. Hawkes Bay Standards Committee v Hancock [2011] NZLCDT 39 [pdf, 221 KB]

   ...First, it is crucial that members of the public have confidence in the absolute integrity and probity of members of the legal profession. That is so they can consult and confide in those lawyers with confidence that their interests would always be protected and advanced, and not abused or ignored. If the public did not have such confidence, then the proper practice of the law would be inhibited. [36] Secondly, the profession itself must see that its reputation is upheld and advanced....

8. BW v SC LCRO 1/2015 (8 April 2015) [pdf, 85 KB]

   ...years. [55] The conduct on which the Committee based its decision relates to what appear to be multiple breaches of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 and the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 in relation to the firm’s trust account, and mishandling the firm’s money. [56] Although his admissions to the Standards Committee may present something of an impediment, it is open to Mr BW to contest evidence befor...

9. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...sought a copy of the opinion from Mr HD on which Mr GZ advised he had relied. [28] Mr HE responded to Mr TE confirming that he had advised Mr GZ that it was appropriate to apologise for his conduct and that the apology provided by Mr GZ was carefully framed by him as one which he could sincerely make. Mr HE also advised that the opinion from Mr HD was not a written opinion but “rather advice about the contents of the pleadings and correspondence”. [29] In correspondence wit...

10. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

    ...endeavouring, for the benefit of both parties, to avoid possibility of further argument concerning the fees returning to the Committee and potentially to this Office, at the conclusion of the District Court proceedings. [71] I reiterate that having given careful consideration to the assessor’s report and the Committee’s decision, I agree with the Committee’s decision, which is premised on conclusion that the work was competently performed. [72] If Company 1 is unsuccessful in its...