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1. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [pdf, 314 KB]

   ...Mr and Mrs AN about the builder’s counter proposal before he confirmed the purchase agreement later that afternoon. (a) Relevant rules [84] The purposes of the Act include maintaining public confidence in the provision of legal services and protecting the consumers of legal services.30 To that end, r 3, which imposes several duties and applies when a lawyer is providing “regulated services” to a client, requires that:31 In providing regulated services to a client, a lawyer...

2. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...and secondly, she challenges the adequacy of the penalties imposed and the orders made by the Committee against Ms LL. 1 More formally, the issue is whether Ms LL breached r 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) by acting against Ms FA in circumstances where there was a risk of breaching the duty of confidentiality owed to her as a former client. I set out the rule more fully, later in this decision. 2 [3] Ms LL ha...

3. Govt-Response-to-Petition-of-Pandora-Black-Repeal-S19-PRA-2003-FINAL-v2.pdf [pdf, 347 KB]

   ...development of policy proposals and the drafting of any legislation. Further work is needed to identify the impacts on the main population group affected, namely migrant women and girls. Human Rights 21 New Zealand is responsible for promoting and protecting women’s rights and human rights under several international human rights treaties. Article 11 of CEDAW requires that countries take all appropriate measures to eliminate discrimination against women in the field of employment, i...

4. NLT v Coetzee [2020] NZIACDT 7 (10 February 2020) Sanctions [pdf, 122 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. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …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...

5. Heather v IDEA Services Ltd (Costs) [2012] NZHRRT 11 [pdf, 55 KB]

   ...gave notice to the Minister of Health and arranged for him to be transferred to another disability provider. 6 The decision to transfer [AB] Heather to another provider was discussed and agreed with the Ministry of Health. A transition plan to protect [AB]’s needs was agreed and put in place. … 8 The plaintiffs have also complained to the Ministry of Health about the way IDEA Services Ltd has delivered services to [AB] Heather and the decision to transfer him to another provi...

6. BORA Radiation Safety Bill [pdf, 313 KB]

   ...expression), 18 (Freedom of movement), 21 (Security against unreasonable search & seizure) and 25(c) (Right to be presumed innocent until proved guilty). Our analysis is set out below. The Bill 3. The Bill will repeal and replace the Radiation Protection Act 1965. The overarching purpose of the Bill is to protect people and the environment from the harmful effects of ionising radiation while at the same time recognising the many potential benefits of radiation use in providing hea...

7. Auckland Standards Committee 3 v Park [2024] NZLCDT 6 (14 March 2024) [pdf, 108 KB]

   ...profession that these two instances of shortcoming cannot properly be dealt with in a negligible manner. [6] Professional error is always a risk where a lawyer embarks on work in an unfamiliar area. A message in this decision is that lawyers must take care, seek assistance, even where the task may seem simple. It is the responsibility of the professional to protect their client against inadvertent error by seeking guidance in such cases. [7] Mr Park’s persistence in communica...

8. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

   ...were or what the applicable rules were. The Standards Committee is a tribunal of effectively summary jurisdiction and has an obligation to dispose of matters expeditiously; however, in this case it appears that the Committee failed to properly and carefully consider the complaint, its surrounding circumstances, and the applicable rules. [5] Ms Sandy seeks a review of that decision. A hearing of this matter was conducted on 1 December 2009 at which Mr Khan, Mr Sandy, and her son Mr...

9. LCRO 95/2023 JV v FA (8 October 2024) [pdf, 177 KB]

   ...client confidentiality. [20] Further submissions filed by Mr FA (5 September 2022, 6 December 2022, 14 February 2023 and 17 April 2023) reinforced his view that: (a) he had not been informed of likely disbursement costs; and (b) Dr JV had failed to protect his privacy; and 6 (c) Dr JV was aware that his (Mr FA’s) visa was expiring in 2024, hence the preservation of his visa status was not an issue; and (d) the disclosure of personal information without consent had potential to...

10. [2018] NZEnvC 101 Kumeu Properties Limited v Auckland Council [pdf, 11 MB]

    ...pursuant to Rule C1.7(1) - discretionary activity. 2. Land Disturbance - Regional, pursuant to Rule E11A.1 (A4) for general earthworks greater than 1 0,000m2 up to 50,000m2 where land has a slope less than 10 degrees and is outside the Sediment Control Protection Area - controlled activity. 3. Land Disturbance - District, pursuant to Rule E12A.1 (A6) for general earthworks greater than 2,500m2 AND (A10) - general earthworks greater than 2,500m3 - restricted discretionary activity. 4...