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1. [2022] NZEnvC 076 Pipers Limited Partnership v Auckland Council [pdf, 537 KB]

   ...as areas where people work, live, recreate and where there are services to support these functions; rural production activities throughout the rural zones; the importance and management of the environmental effects of development and activities; protection and management of elite and prime soils and productive rural land; and the need for the separation of incompatible activities. Subdivision is limited, and subject to the management and planned provision of infrastructure. Othe...

2. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...plaintiff A F Drake and R Judd, counsel for the defendant Judgment: 11 July 2022 JUDGMENT OF JUDGE B A CORKILL Introduction [1] CSN worked as an employee of Royal District Nursing Service New Zealand Ltd (RDNS), providing paid care for her son (DSO) who had suffered a serious brain injury in a 2010 car accident. [2] CSN was paid by RDNS under an Accident Compensation Corporation (ACC) funded subcontract, to provide a substantial number of hours of care, alo...

3. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...Mr TM about the financial positions of the company and Mr RN, and the prospect of default by Mr RN. (b) Mr TM did not advise Mr SD about these issues “or the need to include provisions in the agreement that might provide [Mr SD] with some protection”. 7 At [9]. 8 At [15]. 9 At [16]–[17]. 5 (4) Confidential information — rr 8.7, 8.7.1(d) [21] The Committee decided that by using the company’s confidential i...

4. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...[1] During a time of extreme personal stress, Mr U behaved in a manner which he admits was “rude, distasteful, disrespectful and regrettable”. This occurred in the context of his personal Family Court proceedings concerning the care of his children1 and their occupation of the former family home. In those proceedings Mr U represented himself. [2] Should a lawyer, conducting litigation in the most personal of circumstances, and in a private court setting (as oppo...

5. AZ v YX LCRO 175 / 2010 (25 March 2011) [pdf, 146 KB]

   ...from AAO that it instructed ZC not to take any further steps without specific instructions from the Body Corporate, and ultimately, the firm’s instructions were terminated. Preliminary Comments [6] This complaint arises because insufficient care was taken by the Respondents at the commencement of their instructions to map out and communicate to the Body Corporate an overall strategy which would meet the objectives of the Body Corporate, and to establish and communicate the role...

6. [2023] NZIACDT 19 - BC v Murthy (7 June 2023) [pdf, 120 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [28] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

7. Miller-Hard v Stewart [pdf, 277 KB]

   ...obligations under the Building Act. 3.6 The claims against Mr Ford are that he was either the developer or the builder, or both, and that he allowed unauthorised substitutions in the course of the building work. This was a breach of his duty of care owed to subsequent owners of the dwelling. Claim No 00765 – Miller-Hard page 10 of 60 3.7 The Owners claims against BBC are that it...

8. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...the decision was likely to have been made with a consideration of the possibility that either Mr or Mrs SB would, at some stage, move into a retirement home. [60] Changing the ownership structure may have been seen to have provided a degree of protection against possibility of the parties’ assets being diminished by the demands of meeting the costs of retirement home accommodation, and to have provided prospect of better opportunity for success in securing a Ministry of Health res...

9. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [pdf, 261 KB]

   ...on her PA position at FGHL. Her visa at the time was due to expire on 12 December 2018. Immigration New Zealand wrote to Mr Mercado on 30 January 2019 identifying concerns with the work visa application. [16] An appeal to the Immigration and Protection Tribunal (IPT) against the decline of the residence visa was dismissed on 14 February 2019. It was found that the complainant had not complied with the visa condition that she only work as a PA for 4 FGHL. In undertaking th...

10. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

    ...Foley that the licence of Ms Ramos should be suspended for at least six months. While a severe sanction, it may be used as a last resort. Ms Ramos has acted in a way that is likely to damage the reputation of the profession. The public should be protected from advisers who have been negligent. [22] Ms Ramos should also pay compensation of $13,450 to the complainant for the losses arising directly from her conduct, as well as the emotional distress she has caused the complainant a...