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1. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...protection, preservation and conservation of the historical and cultural heritage of New Zealand. It replaces the Historic Places Act 1993 (the Act), which established the New Zealand Historic Places Trust (Pouhere Taonga) (the Trust) in its current form. The Bill continues the Trust, but changes its name to Heritage New Zealand Pouhere Taonga to remove any confusion as to the organisation’s legal status as a Crown entity (and not a trust). 4. The Bill also reforms the Trust’s gove...

2. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ...surface water and ecology the appellants' witnesses record that they were not briefed to consider catchment-wide issues and cumulative effects. The Regional Council did not move to fill the evidential gap, the witnesses stating they were only requested to respond to the evidence presented to them" The experts acknowledged that the RMA requires consideration of cumulative effects and future effects on water quality and ecology, and say they had endeavoured to do this in the...

3. LCRO 173/2017 ZD YF WP v FH [pdf, 118 KB]

   ...this information prior to 1 August 2008 (and I record that there was no formal obligation to do so in terms of disciplinary rules) this again, rested with the instructing solicitor. [33] I also observe that the Applicants had ample opportunity to request Mr FH to make this enquiry of the Practitioner, having received 5 accounts from the Practitioner, the first of which is dated 10 September 2007. [21] From 1 August 2008, r 3.4 obliged a lawyer to provide his or her client with certain...

4. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...$600 was refunded. The Complainants then disputed the fees charged as they did not accept the balance of the deposit was required for fees in relation to work undertaken. [50] The Adviser said he believed he had promptly sent the complainants the forms and matters had moved to the termination of the instructions before he realised the process of engagement may not have been completed. By the time there was a dispute it was obviously not appropriate to seek to have the agreement signed....

5. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 KB]

   ...SW may have breached r 13.5, which imposes an obligation on a lawyer to maintain his independence in litigation at all times; or r 13.7, which imposes obligations relating to evidence a lawyer may give in a court proceeding. [7] The Committee formed the view that there was the potential for conflict to arise as a result of Mr SW having added himself as a protected person to the application, “without advising his client that it would be appropriate for the client to instruct anothe...

6. DL v EX LCRO 128/2012 (16 December 2013) [pdf, 110 KB]

   ...as he felt that by securing a successful settlement he had saved the estate $15,000.00. Mrs EX’s reply email showed that she was aware that the Practitioner’s hourly rate was $500.00, she also queried whether the bill should be so high and requested a copy of it. The Complaint [4] The New Zealand Law Society (NZLS) received a letter of complaint from Mr EX on 4 May 2011. There were a number of complaints made by Mr EX, relating to the Practitioner’s handling of Mr DN’s e...

7. NA v AL LCRO 68 / 2011 (10 April 2012) [pdf, 103 KB]

   ...this complaint. Complaint of overcharging [36] The Applicants alleged that the legal fees exceeded, by a large margin, a quote that had been given by the Practitioner. The Practitioner considered that the complaint ignored the fact that requests were made for further or additional work, and that the hearing itself went on longer than anticipated. [37] The Applicants took the matter to the Disputes Tribunal, who considered both the issue of quantum of legal fees that had bee...

8. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...so, she would have found that the house was listed as tenants in common and would/should have counseled [sic] [H] on the necessary changes to her Will.”. [9] In reply the Practitioner described the complaints as bizarre and incorrect. She informed the Standards Committee that she had spent considerable time with the Applicant to explain the situation, and had referred him to another lawyer to get separate legal advice. Concerning the matter of the ownership of the house, the P...

9. BU v YA LCRO 153 / 2010 (21 April 2011) [pdf, 90 KB]

   ...the purchase of the property. [36] The Respondent also refers to the fact that in June 2008, Judge Somerville made an interim Order sustaining the Notice of Claim. I place considerable weight on that. To make such an Order, the Judge must have formed the view that there were reasonable grounds at that time for sustaining the Notice of Claim. Otherwise, she would have made an order lapsing the order at that stage. This in itself is sufficient to hold that it was reasonable therefor...

10. NNS v MUL [2014] NZIACDT 18 (26 February 2014) [pdf, 118 KB]

    ...aid, counsel for the adviser accepted the view could be open; it was a reasonable obligation to expect an adviser to provide advice to a client on the subject. However, he also pointed out the Registrar of the Immigration Advisers Authority had been requested by the New Zealand Law Society to include such information in his publications; the Registrar had responded with the opinion he was being asked to undertake marketing for the legal profession, and would not do so. In such circumstance...