Search Results

1. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...................................................................................................... 35 HAVE DEFICIENCIES IN THE PLANS AND SPECIFICATIONS CAUSED LEAKS? 36 Architect‟s Defence ............................................................................................... 37 DID THE COUNCIL BREACH ITS DUTY OF CARE? .............................................. 38 Consent .........................................................................................................

2. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...[another party] and [the other party] initiated legal proceedings for the release of the monies held by [the firm] on my behalf. At that time I took further legal advice and was advised that the wording of the guarantee was erroneous and did not protect my position and to request the funds not to be released. This in turn led to [the firm] being taken to the High Court …, where they lost the case and the funds had to be released to [the other party] and I lost $500,000. This caused...

3. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...However, while we have these concerns we are also not convinced that Jo was fictitious. Certainly someone came to view the property. But, if the Ts’ evidence was to be believed and Mr O suggested that the offer be countersigned he was certainly protecting himself from any chance that the unconditional offer might be accepted. However we cannot be satisfied on the balance of probabilities that the agreement was not genuine especially in the absence of any evidence from the Ts. We can...

4. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...require you to appear. Discuss any difficulties with the lawyer or police prosecutor who wants you to appear – or with your own lawyer. These could include concern about any risks you feel you run by appearing as a witness. If you feel you need protection from a defendant or their associates, talk to the police. You can talk to the Court Victim Adviser about arrangements for your comfort, privacy and security at court. Remember, by acting as a witness in a criminal case, you are helping...

5. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...and the Practice Standards set by the Secretary. The legal aid Practice Standards form part of the contract for service. These set out the minimum standards of service and conduct required of you. While similar to the rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases and their dealings with others such as judges, experts, and co...

6. Provider Manual for legal aid providers - DELETE [pdf, 415 KB]

   ...and the Practice Standards set by the Secretary. The legal aid Practice Standards form part of the contract for service. These set out the minimum standards of service and conduct required of you. While similar to the rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases and their dealings with others such as judges, experts, and co...

7. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...because there remained an obligation3 to keep proper records of money received or valuable property held, and that had not occurred. [22] The Standards Committee emphasised that the purpose of a solicitor’s trust account obligations was public protection. In particular, the protection of money paid to the solicitor, so that the solicitor was not free to deal with the funds as if they were the solicitor’s own funds, and to ensure that such funds did not become available to...

8. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...interest to a purchaser was less serious than a failure to make such disclosure to a client vendor. [8] We accept that an agent owes a fiduciary duty to a client vendor and not a purchaser. The Real Estate Agents Act (Professional Conduct and Client Care) rules 2009 defines a customer as being “a person who is a buyer or potential buyer of land or a business and who is not a client”. This means that a “customer” of a real estate agent is a purchaser and a “client” is a ven...

9. REAA v Randall [2011] NZREADT 40 [pdf, 47 KB]

   ...decisions which we have referred to in the Memorandum of Consent. That means that those Orders of the Authority stand and they involve fines of over $9,000 and orders about taking relevant education. As a result of those appeals being withdrawn, the carefully reasoned Orders made by the Authority stand. [8] We take into account that Mr Randall is willing to undertake educational courses of the type referred to. We hope he will learn from those that he certainly must show a vendor...

10. BQ v CR LCRO 281/2012 (28 August 2014) [pdf, 45 KB]

    ...Mr CR is exposed to any complaint in this regard. 5 Dr Matthew Downs (ed) Cross on Evidence (looseleaf ed. Lexis Nexis) at [EVA 54.15]. 6 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Rule 8. 7 This statement is not intended to reflect any decision as to whether Mr CR has complied or not with the reporting obligations. 4 [17] Finally, in this decision, I do not need to address the question of who now...