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1. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ...Tribunal finds that the Council was not negligent in issuing it. WAS THE COUNCIL NEGLIGENT IN CONDUCTING ITS INSPECTIONS? [32] The claimants’ case is that the Council was negligent as it failed to exercise all reasonable skill and care in carrying out its inspections of the house. The Council denies this except in relation to the ground clearances and says that its inspections met the standards of a reasonable Council officer at the time. [33] It is now generally...

2. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000011 [2012] NZWHT AUCKLAND 6 BETWEEN FRASER HALL AND DUNCAN BINNIE Claimants AND AUCKLAND COUNCIL First Respondent AND ULSTER PROPERTIES LIMITED Second Respondent AND MARK ALLAN BLACK Third Respondent AND BRUCE BEAZLEY Fourth Respondent AND KEVIN WILLIAM ANDERSEN (Bankrupt and Removed) Fifth Respondent Hearing: 5, 6 and 7 October 2011 (Closing submissions on 12 October 2011) Appe

3. LCRO 116/2017 GC v KM (31 May 2018) [pdf, 420 KB]

   ...because, “without [Ms KM’s] instructions”, Mr GC proceeded to “draft [the] will and medical directives” which he produced to Ms KM on 28 October 2016, he had contravened r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which constituted unsatisfactory conduct under s 12(c) of the Act. (2) Information for clients — letter of engagement (rr 3.4, 3.5) [24] Mr GC’s description in his letter of engagement of the legal servi...

4. MOJ Privacy Guidelines [pdf, 3.5 MB]

   ...collect the personal information you need to carry out a function of your organisation. 2. Where possible, get it directly from the person it’s about. 3. Tell the person what you’re going to do with it. 4. Collect it legally and fairly. 5. Take care of it once you’ve got it, and keep it secure. 6. Allow people to see their own information if they want to. 7. Correct it if it’s wrong. 8. Make sure it’s accurate, up to date and relevant before you use it. 9. Securely dispose...

5. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...and his view that his fees were not excessive. It recorded the steps it had taken in its enquiry leading up to the hearing including receiving Mr NA’s submissions, set out sections of the Act, Trust Account Regulations and Conduct and Client Care Rules (the Rules),2 dealt with the two aspects of Mr BW’s complaint then considered the following two issues which arose from the issues it had identified in the notice of hearing: a) Whether or not [the $6,500 fee was] in fact debited...

6. HP v ST LCRO 292/2012 (20 January 2015) [pdf, 79 KB]

   ...on our LINZ workspace. [35] Registration of the transfer to Mr and Mrs HP was therefore not completed until July 2012, some two months after settlement. That is an unacceptable delay during which time the HP’s interest in the property was unprotected. [36] I note with some concern that Ms ST may have misled the Standards Committee. I refer to the file note dated 11 September 2012 made by the Lawyers Complaints Service which records Ms ST advising that “title registration too...

7. LCRO 117/2017 LA v KB (11 December 2019) [pdf, 157 KB]

   ...[32] Mr LA filed an application for review on 12 June 2017. He seeks a refund of the fees he says were overcharged by Mr BAK. [33] He claims Mr BAK “took his fees” in 2013 as soon as the Council paid the settlement money. From a consumer protection perspective, Mr LA says he also seeks a review of Mr BAK’s billing practices, and disciplinary action taken against Mr BAK. (1) Standing - “any person … chargeable” [34] Mr LA contends that because the liquidator represe...

8. AODT Court Waikato Participant Handbook [pdf, 645 KB]

   ...AODT Court Karakia Opening E te atua nou te tīmatanga o ngā mea katoa, Arohaina mai mātou e tutuki nei i ngā mahi mo tēnei rā Āmine. To the creator You are the beginning of all things seen and unseen Keep us in your caring embrace As we pursue our daily work we agree. (ĀMINE) Closing Kia tau te rangimārie Ki tēnei Whare Whakapiki Wairua Kia piki te kaha Kia piki te ora Kia piki te māramatanga Haumi ē, hui ē, tāiki ē ! Let there b...

9. Central Standards Committee 3 v Hunt [2023] NZLCDT 12 (28 April 2023) [pdf, 278 KB]

   ...cases. Context [6] The agreed summary of facts is annexed as Appendix A to this decision. In brief, Mr Hunt saw himself as helping out the complainants when their lawyer, late in 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), cl 6.1. 3 the piece, was unable to act. He claimed to act for them only on the financing part of the transaction. [7] However, his failures were found by the District Court Judge who heard the civil...

10. [2023] NZEmpC 145 Robertson v IDEA Services Ltd [pdf, 280 KB]

    ...Act 2000, s 103A(4). 3 Section 103A(5). needs because of his intellectual disability. He suffers from a post-traumatic stress disorder, and has difficulty communicating and expressing himself. He has a legacy of prior abuse while in care. He also has a degenerative condition affecting his sight by severely limiting it. [15] Client A has the benefit of Government funding that recognises his complex needs and behaviour and that he requires a high level of daily support, e...