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1. LCRO 184/2015 WD v YR (6 July 2017) [pdf, 171 KB]

   ...Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 12 At [18]–[19]. 13 At [24]. 5 (d) Committee failed procedural fairness and natural justice and perverted the course of natural justice. (e) Committee failed procedural of the Human Rights Act. And had based the decision on discrimination and racism. [21] He then repeated, and added to, his complaints: (a) Lawyer failed to act competently. (b) Lawyer failed to act in a timely manner, in accordance with...

2. Legal Complaints Review Officer v Morrison [2018] NZLCDT 27 [pdf, 422 KB]

   ...conclusion that the respondent’s admitted conduct is raised to the level of misconduct. They are: (a) That the removal of page 13 from Version 1 containing the signature of AB and its insertion into Version 3 required a manual and deliberate human act; (b) The respondent was the only person along with his secretary working on the documents; (c) The realignment of Version 3 to accommodate the signature page from Version 1 was a manual act; (d) Removal of the word “child”...

3. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

   ...trust account supervisor he had failed woefully in his obligations. [35] More serious, however, is the submitting of false certificates to the NZLS in the knowledge of the misuse of funds by Mr Baker. [36] While the Tribunal can appreciate the human response and loyalty displayed by Mr Yoon to his colleague and mentor, Mr Baker, that is no excuse for what was a gross breach of his professional obligations. [37] Mr Yoon needs to understand that as a member of a professional body wi...

4. ZA v YB LCRO 23/2014 (31 August 2016) [pdf, 65 KB]

   ...objections Mr [YB] might raise to the uplift request, legitimate or otherwise. He exercised his professional judgement as a lawyer. I am not convinced Mr [ZA] was wrong, but if he was, there is no rule that says lawyers must always be right: to err is human. [60] There is room for a range of views among members of the profession, and I am conscious that the Committee is constituted of a number of lawyers. However, I do not consider that Mr [ZA]’s conduct was so unsupportable as to...

5. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...Auckland City COGS Committee [2008] NZCA 423, [2009] 2 NZLR 56 (CA) at [56]-[57], citing Taunoa v Attorney-General [2007] NZSC 70, [2008] 1 NZLR 449 and Attorney-General v Udompun [2005] 3 NZLR 204 (CA). is no other effective remedy, or where human dignity or personal integrity or the integrity of property are engaged, or where the breach is of such constitutional significance and seriousness that it would shock the public conscience and justify damages being paid out of the...

6. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

   ...profit; he is not allowed to put himself in a position where his interest and duty conflict. It does not appear to me that this rule is, as has been said, founded upon principles of morality. I regard it rather as based on the consideration that human nature being what it is, there is danger, in such circumstances, of the person holding a fiduciary position being swayed by interest rather than duty, and thus prejudicing those whom he was bound to protect. It has, therefore, been dee...

7. [2018] NZSSAA 44 (14 September 2018) [pdf, 261 KB]

   ...benefit in his or her own right and the purpose of the qualifying words in s 72(a). [34] We are not aware of any authority on the application of the one benefit principle. The only jurisdiction in which this principle has been discussed is the Human Rights Review Tribunal (HRRT) in Heads v Attorney-General.4 In Heads, the HRRT considered a provision in the Accident Compensation Act 2001 (ACC Act) that weekly compensation payable for five years to a surviving spouse is limited t...

8. Te Manutukutuku Issue 33 [pdf, 5.2 MB]

   ...which have been documented by the Tribunal. The resource kits are in colour and have been planned for use with the fourth form social studies syllabus, in particular modules 4.1 (The Treaty of Waitangi) and 4.2 (The search for security, justice and human rights). They can also be used in senior school history, geography, legal and cultural studies. Each kit contains 30 copies of the resource, plus teachers notes and student exercises. Resource kits available: Set 2: Motunui-Waitara e...

9. Proposed Joint Statement of Experts in Lieu of Caucusing [pdf, 396 KB]

   ...restored through establishment of a no-take area. Opinion of Dr De Luca. Phil Ross Waahi Tapu allow for the restoration of ecological bottom-lines in the MNEMA and on-going protection of those bottom-lines. Waahi taonga areas cater for human experiences (fishing) subject to baseline levels for ecological restoration of the MNEMA being achieved. From an ecological perspective I do not agree that resumption of fishing in the Waahi Taonga areas will 13 jeopardise the...

10. Willowridge Developments Ltd - Alison Devlin - EIC - 25 February 2022 [pdf, 329 KB]

    ...Taonga must be sought prior to the modification, damage or destruction of any archaeological site, whether the site is unrecorded or has been previously recorded. An archaeological site is described in the Act as a place associated with pre-1900 human activity, which may provide evidence relating to the history of New Zealand. These provisions apply regardless of whether a resource consent or building consent has been granted by Council. Should archaeological material be discovered dur...