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1. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

2. Factsheet-for-requesting-personal-information [pdf, 185 KB]

   ...under the Official Information Act 1982. Advice for making a request You may need to contact more than one agency to get all the records you need. You may need to show ID, like a passport or New Zealand driver’s license. This is to protect the privacy of the people who the records are about. Give the agency as much information you can – for example, the type of record you’re looking for, and the dates and locations, if you know them. Who should I send the request t...

3. WL & BN v SD LCRO 106/2015 (5 July 2016) [pdf, 65 KB]

   ...Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr WL1 has applied for a review of the determination by a Standards Committee that Mr WL2 breached rule 13.9 of the Conduct and Client Care Rules3 [2] This review involves a consideration of the application of rule 13.9. The Committee proceeded on the basis that the rule creates a separate obligation to adhere to the rules of privilege generally rather than on the basis t...

4. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 150 KB]

   ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...

5. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 141 KB]

   ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...

6. Recommendations Recap Issue 17 [pdf, 562 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2018 Office of the Chief Coroner | 2018 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a de

7. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ...Mr Hodgson, a building surveyor, acted as engineer for the remedial work to be done. He obtained a schedule of quantities and estimates for the work, appointed a builder, and supervised the remedial work. During such remedial work, Mr Hodgson carefully maintained a full record of the repairs, which included a photographic record, and usefully listed the defects in his evidence. With this list, Mr Hodgson found that not all the defects he listed had actually caused damage. [5...

8. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...382/2013 (30 June 2017) at [77]–[79]. 13 [52] It goes without saying that this email would have caused unnecessary embarrassment, distress, or inconvenience to Mr T’s reputation, interests or occupation. [53] In short, Ms GG should have carefully advised her client against expressing her terms for settlement terms in that way. She should have explained the potential dangers of doing so, both for her client and for herself. And, most certainly, she ought not to have se...

9. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...deprived [him] of an entitlement to union membership”. Hearing in person [61] Mr TM indicated that he wished to be heard in person. A hearing took place on 31 March 2017. [62] I record that as well as hearing from Mr TM in person, I have carefully read the complaint and response, the Committee’s decision and the submissions filed in support of the application for review. There are no additional issues or questions which in my mind necessitate any further submissions from...

10. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

    ...that Mr SY had failed to communicate with the beneficiaries as described, the Committee turned to consider what professional standard or standards were engaged. [51] Referring to r 7.1 of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), the Committee noted that “a lawyer is required to keep a client informed about progress on the retainer”. It held that “the beneficiaries should also have been kept informed.”3 [52] The Committee conc...