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1. TB v NX LCRO 80 / 2011 (13 December 2012) [pdf, 134 KB]

   ...case, for which he considered Mr NX had done “next to nothing”. He advised that Mr NX did not have any staff available to conduct this preparation and in the end that Mr TB himself had done a lot of the work. He advised that he also engaged a private investigator and the services of another law firm to provide resource management expertise which Mr NX did not have. [12] He then says that the second invoice was for the actual trial which was set down for two weeks but in the...

2. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...[22] The Tribunal notes that s 110(4) merely refers to the Tribunal’s powers to make orders under s 93(1). Under s 93(1)(g) the Tribunal can order a licensee to pay the Complainant any costs or expenses incurred in respect of the inquiry, investigation or hearing. The Tribunal do not consider that these legal fees directly arise out of the inquiry, investigation and hearing. Rather they are the consequences of the agent’s actions and the sale process itself. [23] In the alte...

3. LCDT - 2018 annual report [pdf, 572 KB]

   ...client), it would seem axiomatic that there is a problem with the complaints process in this sensitive area. The Tribunal is unaware if any complaints have been considered at a lower level, because Standards Committee proceedings are normally private. It is commendable that the New Zealand Law Society moved so quickly to appoint a working group to investigate this area of concern. We note that the report back to the New Zealand Law Society proposes significant changes to the co...

4. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...developer to ascertain whether there was sufficient interest for the development to be financially viable. In late 2014, the Licensee obtained a sole listing agreement from the developer. The developer also retained the right to sell the apartments privately. 3.8 In December 2014, amendments were made to the carparks. 3.9 The property information at the time stated that the properties would have smart wiring and open carports. The marketing at the time (2014) stated that the Pr...

5. [2019] NZEnvC 187 Van Tiel v Waikato District Council [pdf, 781 KB]

   ...effects on the catchment. The activities to which this condition relates is the capture, attenuation and disposal of stormwater from the Poultry Farming operation. The plan shall include, but is not limited to: (a) The detailed calculations and investigations in the Stormwater Consent Report for Mainland Poultry Ltd, 64 Old Road, Orini, Waikato, from CKL Ltd - Ref Ull 75 - Rev 1- Dated 13.12.17 (Appendix F to this consent); (b) Provision of minimum shed floor levels to account for l...

6. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

   ...concluded the firm had acted for her for some time4 during which time Ms CC may have come in contact with Ms BB. However the instructions were received, it is clear that Ms BB was assigned to act for Ms CC in connection with the sale. [7] This was a private sale between Ms CC and the purchaser and no real estate agent was involved. Consequently the Agreement for Sale and Purchase of the properties was to be prepared by the lawyers for either the vendor or the purchaser. It would...

7. [2022] NZACC 161 – Hume Pack n Cool Ltd v ACC (18 August 2022) [pdf, 269 KB]

   ...relating to a levy payable by a particular levy payer. [16] Part 6 of the Act provides for the accounts to fund the ACC scheme. Section 167(1)(a) states that the Work Account is used to finance entitlements provided under the Act to employees, private domestic workers and self-employed persons for work-related personal injuries. Section 168(1) provides for the collection of levies for the Work Account from employers. [17] Section 170 of the Act provides: (1) For the purpose...

8. Family Legal Advice Service operational policy version 1.4 [pdf, 479 KB]

   ...may make. The specified tasks of Family Legal Advice Service providers are consistent with these obligations. If the case proceeds to court, clients may choose to have their Family Legal Advice Service provider continue to act for them, either privately or under legal aid, if eligible, but are not required to. Providers should be alert to the need for some clients to proceed straight to court with a Without Notice application and should direct them appropriately as soon as possible, fo...

9. E10 Joe Phillips Traffic and Transportation EIC Applicant [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF JOSEPH ADAM PHILL

10. LCRO 196/2020 AB v CD (31 March 2021) [pdf, 309 KB]

    ...reasonable. [10] The Standards Committee identified the issues to address as: (a) whether the fees charged by Mr CD were fair and reasonable; and (b) whether Mr CD breached any other of his professional obligations to Ms AB. [11] In undertaking its investigation, the Committee appointed a costs assessor, Mr EF QC. [12] The Standards Committee delivered its decision on 8 October 2020. [13] The Committee determined, pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006...