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1. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...investigations necessary to conduct that review, and therefore clearly contemplates the review officer reaching his or her own view on the evidence before her. Reverse Briefs [27] Mr AK was a barrister sole. Rule 14.4 of the Conduct and Client Care Rules3 [28] A practice has arisen around compliance with the intervention rule which has come to be known as a “reverse brief” whereby a barrister sole will arrange for a solicitor to act as his or her instructing solicitor. Ther...

2. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

   ...rather just sign it and be done with it! Compromise has already been made for me which I am happy with (thanks to you for that!) and I think that it is a very unlikely situation that [Mr VR] & I will have a child. I plan to have a strong career and make my own money (as much as or more than [Mr VR]) therefore the Agreement is not going to disadvantage me if we did happen to break up later on down the track. I am not sure whether you will want me to come back in and meet with...

3. LCRO 242/2014 HW v DL [pdf, 122 KB]

   ...have enabled that lawyer to be sure that Mr TM was not being disadvantaged. By requiring Mr TM to take independent advice the respondent would then have been free to offer full and frank advice to Mr HW, if only to ensure that he was sufficiently protected to enable the obligations to the bank to be met so that the property was not at risk of being seized by the bank pursuant to its security. [43] The respondent has failed in his duties to the parties and is in breach of r 6.1 of...

4. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...‘Principles of Best Practice’ and the restorative justice providers’ ‘Statement of Restorative Justice Values’. The document noted that ‘the use of restorative justice processes in cases of family violence and sexual violence must be very carefully considered’. In 2013, Restorative Justice Standards for Family Violence Cases and Restorative Justice Standards for Sexual Violence Cases were developed that recognised the additional safeguards and processes needed when deal...

5. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...agree with Mr Kitching’s recommendations. We note that the practitioner provides client information where overhead costs may be passed on. We intend to make no further comment on this. Charge 1 – Issues 1 to 3 [28] The Tribunal considered carefully the responses provided by the practitioner to the concerns. In essence, he has acknowledged that he may have failed in some respects to have complied with the requirements of the Act, the Rules and the Regulations. However the T...

6. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...Moses, counsel 2 PRELIMINARY [1] The complainant, GQ, instructed the adviser, Ms Genoveva Evelyn (Gennie) Ramos, to obtain a post-study (employer assisted) work visa, following study in New Zealand. The complainant had an offer to work as a caregiver. The visa application made was unsuccessful as Immigration New Zealand did not regard the job as related to the qualification obtained. The complainant alleges that Ms Ramos was incompetent. [2] A complaint against Ms Ramos...

7. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...arrangement at the direction of H’s purported agent who, by the time of the relevant events, was also a director of JCR. All of this was known to the respondent. No security was provided for H for the performance of the buyback agreement or for protection against the very event which subsequently happened, with the loss of the property through a mortgagee sale. The respondent’s conduct in relation to H, including the use of the completed A and I form to complete the sale at an unde...

8. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...Wai 1. The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out at 1.31 its fundamental concept – Te Mana o te Wai: (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the co...

9. 14.-Evidence-of-Dr-Jack-McConchie-Hydrology-Flooding-Groundwater-and-Water-Abstraction.PDF [PDF, 5 MB]

   Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resourc

10. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

    ...consideration is that the payment must be just and reasonable in all the circumstances: 13 [91]…In making this assessment the Court must balance two competing considerations: that the office of trustee is generally gratuitous and beneficiaries must be protected from the claims of trustees; and second, the importance to beneficiaries that trusts be well administered and their interests advanced. 12 Marks v Orbell – Rowallan Block...