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1. Domb v REAA Registrar [2014] NZREADT 5 [pdf, 150 KB]

   ...7 on a without prejudice basis, i.e. for 17 days. Also, we can understand that he was subjected to gossip within the real estate industry by way of a local rumour in real estate circles that he had been “struck off”. [40] Mr Pratley took us carefully through the relevant legislation as covered above. He puts it that Regulation 6 is plainly worded and can only mean that the forms in Schedule 2 must be used; so that the Registrar is not to use any form unless its content is prescribe...

2. LCRO 139/2015 WN v YL and TM [pdf, 190 KB]

   ...who would be [sic] carry this out (refer file, note was never advised that another lawyer would handle this further on 4. (YL) Failed to discuss with me objectives and how they should be best achieved (Reference duplicate file) 5. (YL) Failed to Protect & Promote my interest and act for me free from compromising influences or loyalties (Reference duplicate file) 6. (YL) Failed to give clear information and advice, Failed to discuss Legal Aid, the only discussion resulted when I r...

3. UW v EP LCRO 146/2011 (31 March 2015) [pdf, 77 KB]

   ...issues were coming to an end. (f) [Law Firm] was not instructed to act by [Company], but by the company’s receivers. (g) The firm did not refuse to complete any ongoing instructions or retainer. (h) [Law Firm]’s ethics committee had given careful consideration to the issue of potential conflict, and concluded that there was no impediment to the firm acting for the receivers. 4 (i) [Law Firm] did not have good cause to refuse the receivers’ instructions. (j) Mr UW h...

4. Legal aid factsheet on changes to manage legal aid spending - April 2011 [pdf, 114 KB]

   ...single adult and $50,934 for an adult with two dependants). SUSTAINABLE LEGAL AID 2 Family The number of family legal aid grants has been growing since 2007-08, particularly in cases involving children. Between 2006-07 and 2009-10, grants for care of children proceedings increased by 39%, compared to a 16% increase in the number of care of children applications in the Family Court. It appears the change in the eligibility test has expanded the share of family cases receiving legal...

5. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

   ...known decision of Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd, 4 Hammond J cited with approval the earlier statement of Gault J in Duncan v Osborne Buildings Ltd when he said: 5 In applications of this kind it is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an in...

6. TL v NM LCRO 34 / 2012 (18 January 2013) [pdf, 77 KB]

   ...to the agent (CCD) who acted for the vendor and who had prepared it. [3] The Standards Committee found that this conduct was unsatisfactory as “a technical breach of Rule 8 (and associated footnote 9)” of the Rules of Conduct and Client Care for Lawyers (Rules). Rule 8 provides: 2 A lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of th...

7. LCRO 225/2015 MM v QK (24 July 2018) [pdf, 194 KB]

   ...Notice of Hearing issued by the Committee identified the issues to be addressed as follows: (a) “Whether Mr QK’s letter of 27 August 2014 … breached rules 2.3 and/or 2.7 of the” Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (b) “Alternatively, if there has been no breach of … rules 2.3 and/or 2.7 whether Mr QK’s conduct is nevertheless unsatisfactory conduct under section 12(b) and/or (c)” of the Lawyers and Conveyancers...

8. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...control and hapu interests in a collective taonga tukuiho. Thus the removal of such a protection should only be permissible where 111 some material wayan application falls outside the ordinary run of cases. To do otherwise yvould undermine the very careful balance between owners and the prefelTed class of alienees. [9] The applicant submits that he will apply the majority of the proceeds fi"om the sale of the land to the purchase and improvement of the dwelling cunently sitting...

9. 2021 Decisions of public interest

   ...employer - intention of the parties was for labour-hire company to be the employer - relationships operated in practice in accordance with agreements and documents - common law tests of limited assistance - no deliberate attempt to bypass employment protections - plaintiffs were employed by labour-hire company. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board, te Poari Hauora o Waitaha (Interlocutory Judgment of Chief Judge Christina Inglis, 30 April 2021) APPLICATION FOR INTERIM RE...

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10. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

    ...international standards, the process contemplated by the Law Commission (maintaining a list of approved overseas privacy frameworks on the OPC’s website) is not sufficiently robust or transparent. It is expected that New Zealand’s key partners will carefully scrutinise our process for prescribing countries and binding schemes. The European Commission has already expressed a high level of interest in our process as part of New Zealand’s EU adequacy review (which is ongoing and due to...