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1. LCRO 24/2023 RD v KE and PS (5 September 2023) [pdf, 329 KB]

   ...in light of the legal and factual complexities of the matter before him, that did not excuse him of his wider duty as a lawyer to maintain standards of professionalism under Rule 10, of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”). The Committee concluded that whilst Mr KE should have responded to RD’s lawyers’ enquiries, Mr KE was not under a duty to respond to BD’s lawyers’ correspondence quickly; sometimes delays happen in legal...

2. [2020] NZEnvC 153 Cabra Rural Developments Ltd v Auckland Council [pdf, 3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU Court: Hearing : Appearances: IN THE MATTER AND AND AND BETWEEN AND AND AND Decision No. [2020] NZEnvC 153 of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) the Resource Management Act 1991 the rural Subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan. an appeal pursuant to s156

3. 2014 to 2018 Ministry of Justice statement of intent [pdf, 2.4 MB]

   ...a year. Achieving this has required a different model of sector leadership and a real focus on results. In the past couple of years drinking laws have been tightened to curb alcohol‑related harm and other laws are in progress that will help to protect the public from individuals who cause a lot of harm. We are strengthening our response to serious offending like child pornography and tackling newly emerging crimes such as cyber‑bullying. Progressing these reforms is key to continu...

4. Waitangi Tribunal theme K - Māori Land Councils and Māori Land Boards [pdf, 3.4 MB]

   ...certainly have benefited everyone in that the cycle of dependency, into which Maori were forced slowly but relentlessly, could have been broken. Our national debt would also have been lower and environmental damage less considerable .... The author is careful to point out that this scenario is 'all speculative and counterfactual'. Some might consider the projected results of these speculations to be unduly optimistic. None the less, the idea that a crucial turning-point was pas...

5. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...this was a genuine redundancy which justified the bank’s actions. The changed hours proposed to Mrs Svensson were a viable alternative and when she rejected them she became redundant. He also submitted that the process adopted was lengthy, careful, and what a fair and reasonable employer would have done in all the circumstances. [52] Counsel referred to Cameron v Manawatu-Wanganui Area Health Board2 and Niao v Tasman Pulp & Paper Company Ltd3 both of which dealt wi...

6. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...regarding the Act and the Code, and on a day-to-day basis to deal with complex statutory processes. The words “full client file” are unambiguous. Mr Gao, who gave evidence, had no difficulty comprehending what the term meant. The Registrar included careful warnings in the notice regarding the fact it was a criminal offence not to comply in any respect. [28] The submission that the Registrar could see the file was incomplete is a pointer to innocent misunderstanding, is unpersuasive. F...

7. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...obligations lay with the company, not the BW group. [68] The issue inevitably returns to the question as to whether the Practitioners were able to accept instructions from the BW group. [69] They maintain that the issue of potential conflict was given careful consideration, and stand by their decision. They submit that they were acting for a group of shareholders (former or alleged) who were in dispute with another shareholder. They were not acting for the company, or against the...

8. Tait v Kruger - Tauarau Block (2021) 252 Waiariki MB 180 (252 WAR 180) [pdf, 303 KB]

   ...respondents do not dispute that they have no confidence in the trust structure and the trust chairperson, which is widely known. However, they seek to remain as trustees now that it has been made clear that the role of the marae trustees is to care for the marae lands and buildings and that the trust does not govern the hapū, the hapū governs themselves. They also seek an adjournment of the application for six months to allow them time to develop further legal submissions and to t...

9. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...“(ii) of an incorporated [law] firm, or former incorporated [law] firm; or (iii) of … an employee or former employee [who is not a lawyer] of a [lawyer] or an incorporated [law] firm”. 13 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Preface, Notes about the rules, Schedule. 12 (3) Mrs FH’s instructions [57] The Trustee Act confers on trustees, including executors or administrators, the power to sell any property vested in the trustees.14...

10. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

    ...and more accessible justice than do the ordinary courts. The imposition of adverse costs orders should not undermine the cheapness and accessibility long recognised as important advantages of tribunals over courts.19 [c] Because of the consumer-protection focus of the Act, access to the Tribunal should not be unduly deterred, and there is a need for a flexible approach. [d] Costs orders should not have the effect of deterring proceedings before the Tribunal. [64] To the best...