Search Results

1. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...Clarkson’s conduct occurred at a time when the Lawyers and Conveyancers Act 2006 was in force, the proceedings were commenced and investigated under that Act, and charges were laid under that Act. The failure to perform the various requirements, and consequential breaches of orders and obligations by Ms Clarkson, has no status as an incomplete transitional matter which would require the continued application of the Law Practitioners Act 1982. [25] The proceedings against Ms...

2. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...signatures of registered proprietors of a property must be obtained for a valid listing unless there is a valid power of attorney available for one or more of those persons. Also, agents must be even more alert when becoming involved in selling a property consequential to a marriage breakup. [58] Having said all that, we do not think that the licensee has preferred the interests of Mr Rawnsley over those of Dr Wagner nor did he disadvantage her in any way. The agency has been unsuccess...

3. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

   ...12 is more than trivial. [69] In all the circumstances, this review is determined on the basis that there has been unsatisfactory conduct on the part of Mr DZ pursuant to s 152(2)(b)(i) because by his conduct he contravened rule 12. 13 Consequential orders – s 156 [70] Mr KY seeks a range of orders under s 156, including a request that Mr DZ pay him money. [71] In Z v Dental Complaints Assessment Committee6 … the purpose of statutory disciplinary proceedings for vari...

4. [2018] NZEnvC 135 Bunnings Ltd v Queenstown Lakes District Council [pdf, 3.7 MB]

   ...:; . . ' The use of the term "directly" in section 308B is intended to reduce the sets of effects which permits participation by a trade competitor. Obviously "indirect" effects are excluded, and so too would be "consequential" effects. [54] HJSL's submission in opposition to Bunnings' application alleged that the proposal would have an adverse effect on the supply of industrial zoned land at Frankton. Mr Todd submits if there is less la...

5. Tribunal Guidelines [pdf, 674 KB]

   ...resolving matters may be more effective, cheaper and faster to establish. Creating a new tribunal may be expensive because operational costs will need to be met by the department – unlike the general courts. Establishing a new tribunal may also be time consuming. New legislation will usually be required, which will need to be factored into timeframes. It is important to begin with a clear understanding of the purpose of the potential decision-making body. This may involve considering th...

6. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...Commission of relevantly complete disclosure. 14 Commerce Act 1986, s 66. 11 Unfounded allegations? [40] Mr HG says that he: (a) carefully considered his professional obligations; and consequentially (b) referred only to civil remedy aspects of the FTA; (c) particularly focused on [Company B]’s certification of compliance with its disclosure obligations to the Commerce Commission; (d) referred to s 103(2) of the Commerc...

7. OIA-116775 [pdf, 5.3 MB]

   ...Amendment Bill;  the Regulatory Systems (Occupational Regulation) Amendment Bill; and  the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Amendment Bill. 3. These bills will make 74 amendments to 20 Acts and three consequential amendments to secondary legislation. 4. The Minister of Justice is leading the Regulatory Systems (Courts Improvement) Amendment Bill and the Associate Minister of Justice is leading the other three bills. 5. Talking points are p...

8. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...156(1)(f) requiring Ms DA to cancel her fees to Ms EB. Ms DA is ordered to cancel all of her fees to Ms EB. [112] As a result, Ms DA will have refunded the $13,936.94 that Ms EB paid, with Ms DA having already been paid in full by CR. Other Consequential Orders [113] On review, an LCRO can make any orders a Committee can make under s 156. The LCRO also has the power to direct publication of her decisions as she considers necessary or desirable in the public interest,55 and to...

9. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...and well understood by lawyers as to risk approaching the trite in repeating, that fundamental to the lawyer/client relationship, is the obligation of the lawyer to act as a robust guardian of their client’s interests. [38] Consistent with the consumer protection purposes of the Act and a lawyer’s fundamental obligation to protect their client’s interests, r 6 requires that: 4 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and p...

10. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

    ...associated with the trial and releases the judicial and court resources to deal with other matters. Negotiation and mediation often also partly resolves a dispute so as to enable the focus of the parties in litigation to be more confined, again with consequential savings of time and expense to the parties and the benefit of the public. And observed that: 39 33 The relevant Authority provision is s 158; the relevant...