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1. LCRO 98/2019 EL v SV, DV & JV (31 March 2021) [pdf, 510 KB]

   ...files. (b) Mr EL’s time records were handwritten. Not all timesheets were on files. 6 (c) Mr EL’s lack of engagement in the assessment process left the assessor “in a difficult position in working through … information.” Several requests were made for a conference with Mr EL, but no responses were received. (d) In relation to each of the client-matter files: (i) Probate and administration: the review revealed “relatively poor file management” and “the lack of...

2. S Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 10 [pdf, 209 KB]

   ...Dorpe was not immediately responsible. The builder’s negligence was a major contributor to the damage and I assess the builder’s contribution at 55 per cent. [54] Mr van den Dorpe had a substantial responsibility for plastering a badly formed substrate in a manner which would cause leaks. This amounted to a significant factor. I assess his liability to contribute to the cost of the damage at 20 per cent share of the total proved, namely $37,475.39. [55] As Susan Dwan so...

3. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...2011, in pursuance of instructions from the complainant. Mr Hakaoro said these instructions were received as a “social worker”. [86] However, the instructions related to the custody of her children. The complainant gave evidence that one of the forms of pressure used by Mr Hakaoro when sexually propositioning her was that he could secure the right for her children to come to New Zealand. Regardless, it is not consistent with the professional relationship having been terminated prior...

4. LCRO 158/2024 USP v FTC (30 June 2025) [pdf, 524 KB]

   ...a legal strategy which had manoeuvred Mr USP into the position where no progress was made in advancing his claim for over four years had been abandoned, presented as an egregious breach of Mr FTC’s professional obligations to Mr USP. [136] Request made of Mr FTC for explanation of his decision to withdraw was ignored for months. [137] It has been emphasised that a consideration of context is critical when examining conduct complaints. [138] In this case, the failure to provi...

5. [2010] NZEmpC 77 Poulter v Antipodean Growers Ltd [pdf, 37 KB]

   ...[5] The defendant has taken no steps whatsoever in respect of the challenge despite being served with the proceedings. Accordingly, once the time limit for the defendant to take steps in the proceedings had expired, they were set down for a formal proof hearing. [6] The matter proceeded by way of formal proof on 27 April 2010. Mr Poulter himself gave evidence confirming the allegations contained in his amended statement of claim, his brief of evidence and other documentation. I

6. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...Lees Morgan, DX HP40001, Tauranga, ahopkinson@clmlaw.co.nz Mr C M Bidois, East Brewster, DX JP30017, Rotorua, bidois@eastbrewster.co.nz 28 Waikato Maniapoto MB 238 Introduction [1] In a reserved judgment dated 22 July 2011 I dismissed the claims of the applicants against the defendants. The second third party was partially successful against the applicants. 1 [2] The defendants have filed a memorandum dated 5 August 2011 seeking costs. Their costs including GST and disb...

7. LP v VS & Ors LCRO 170 / 2011 (17 May 2012) [pdf, 86 KB]

   ...current complaints have about them the flavour of action intended, at least in part, to cause trouble or annoyance to the Respondents. Undoubtedly they fulfil the dictionary definition quoted above. [39] Therefore I must reject the Applicant’s request that his actions not be described as “vexatious”. I am satisfied firstly that these complaints, both court related and bank account/receipt matters, were “vexatious” as defined, and secondly that the Standards Committee’s...

8. AFE Ltd v ZUR Ltd and ZUQ [2013] NZDT 150 (25 June 2013) [pdf, 67 KB]

   ...increasing because ZUR Ltd was changing its mind as to what was required. In particular, ZUR Ltd wanted a simpler machine than was formerly intended when the contract was made between them, and later wanted a collapsible hub which also had not formed part of the required design when the contract was created. SK states that ZUR Ltd ought to have known that such changes would result an increased number of payable design hours. [14] While I acknowledge CM’s point that small changes...

9. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...historical claims of each iwi and hapū comprising Ngā Mana Whenua o Tāmaki Makaurau is progressing, and in some cases has been completed through negotiations with the Crown. It is intended the redress provided by the collective deed will ultimately form part of each of these individual iwi or hapū settlements. 4. The Bill provides the Tūpuna Taonga o Tāmaki Makaurau Trust (the Taonga Trust), is the beneficiary of the cultural redress provided under the Bill. This includes the ve...

10. FG v TT [2018] NZDT 1060 (9 March 2018) [pdf, 134 KB]

    ...this email but contend that FG took too long to notify them of any rejections. However, they did not respond to the email of April 2016 with any timeframe requirement for rejection so there was no timeframe determined by the contract formed between the parties. I find that given all the above, and particularly the nature of the product, being live plant material, and the quantity supplied (54,000 rootstocks), it was reasonable for FG to examine individual cuttings...