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1. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...represent his lay client and promote and protect fearlessly and by all proper and lawful means his lay client's best interests. This is a duty which the advocate owes to his client but it is also in the public interest that the duty should be performed. The judicial system exists to administer justice and it is integral to such a system that it provide within a society a means by which rights, obligations and liabilities can be recognised and given effect to in accordance with the...

2. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

   ...be obtained to focus the minds of not only the utility operator but also the Council about what is happening.14 Counsel for PowerCo endeavoured to deflect that place-marker argument by saying that her client is required to make corridor access requests to the Council, such that the Council will already be on notice. Our reason for saying we do not accept that submission is that different sections of the Council will be involved, administering different policies and regulatory obje...

3. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...on Mr ZB’s complaint about that issue, on grounds that 3 [WE] Ltd (in liquidation) v [XD F] Ltd HC Auckland CIV-[redacted], [date] per [Judge]. 4 [WE] Ltd (in liquidation) v [XD F] Ltd [20xx] NZHC [xxx] (date). 4 commercially sensitive information might emerge, and Mr ZB had no personal interest in the in-house counsel issue. [23] The practical effect of those procedural steps was to keep the in-house counsel issue alive, but remove Mr ZB as the complainant. [XD] proceeding...

4. [2021] NZACC 177 – Williams v ACC (5 November 2021) [pdf, 454 KB]

   ...treatment injuries, was correct. Background [2] The appellant had cover for “a sprain of shoulder and upper arm” on both the left and right sides as a result of a water blasting event on 27 August 2017. The description of injury in the claim form, completed on 29 August 2017, was: Water blasting – has given me a sore neck and shoulders. [3] From 26 March to 5 May 2018 Mr Williams attended a number of chiropractic appointments as part of the treatment for his injury,...

5. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

   ...court, to lead evidence on all points that were investigated, whether strictly obliged to or not. [16] In Allenby v H,2 the Supreme Court stated: [66] Where, however, the medical misadventure involves misdiagnosis of a disease, perhaps without any form of treatment being given, it is not a natural use of language to speak of the progression of the disease (say the enlargement of a cancerous tumour and the spreading of the cancer to another part of the body) as a physical injury. Y...

6. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...extensive documentation and concluded that the fees rendered were fair and reasonable. • He rejected allegation that the Standards Committee decision failed to address the complaints. • The LCRO should exercise caution when considering a request to revisit the decision of an experienced Standards Committee. • Properly analysed, an appraisal of the revised estimates supported conclusion that all costs were largely in line with estimates provided, the invoice of November 201...

7. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...jurisdiction.2 [9] The Tribunal then considers previous penalties which have been imposed on cases involving similar conduct and surrounding circumstances, in order to achieve the level of consistency and predictability which is necessary to conform to the principles of natural justice. Background [10] The complainant, Ms Y, was the estranged wife of Mr Schlooz’s close friend [redacted]. The practitioner had been friendly with the complainant before she had separated from his...

8. [2020] NZEnvC 001 Environmental Defence Society v Thames Coromandel District Council [pdf, 2.3 MB]

   ...natural features and landscape values through: • recognising the characteristics and qualities that contribute to natural character, natural features and landscape values and their location and distribution; • identifying those areas where various forms of subdivision, use, and development would be inappropriate and protecting them from such activities; and • encouraging restoration of the coastal environment. 5 [1 O] Among the provisions to achieve those objectives, Policy...

9. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...taken to the secure unit. [21] When Mr Baillie stepped back after being kicked he briefly closed his right hand and pulled his right arm back slightly. That action was treated extremely seriously by Oranga Tamariki. It eventually decided he had formed a fist and was preparing to punch the young person. The complaint [22] The next day the young person made a formal written complaint about Mr Baillie. The crux of the complaint was about how he responded after overhearing the y...

10. LCRO 167/2021 MP v IC (28 April 2022) [pdf, 202 KB]

    ...represented and on others, represented by counsel. [4] In October 2013, Ms MP instructed Mr IC to act. 2 [5] Mr IC engaged in discussions with Mr YH’s counsel concerning options for settlement. [6] In the course of these discussions, Ms MP formed a view that she had grounds for a further claim against Mr YH. The proceedings progressed in the Family Court where the presiding judge determined that a full and final settlement had been agreed between the parties. The court dir...