Search Results

1. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...leverage over his client immeasurably. [12] This is not an issue to be determined with reference to compliance with rules. It is a moral issue. This is reflected in the comments of the author of the section of the text Ethics, Professional Responsibility and the Lawyer when discussing unsatisfactory conduct as defined in s 12(b):3 While unsatisfactory conduct on the basis of conduct unbecoming is likely to be less serious than misconduct, it appears from the cases that an eleme...

2. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [pdf, 130 KB]

   ...PC LCRO 205/2017 (19 December 2017). 5 (c) A Review Officer has no power to confer jurisdiction where none exists. This includes the lack of discretion to extend the statutory timeframe for lodging an application for review. Applicants’ response [17] Through their lawyer, the applicants responded briefly to Mr TD’s submissions, in an email to this Office dated 27 February 2020. That response largely amounted to disagreement with those submissions, and restatement of thei...

3. [2019] NZEnvC 175 Stone v Hastings District Council [pdf, 684 KB]

   ...applications for costs was set. The Council has sought costs against the Stones. In determining the issue of costs in this matter the Court has read and considered the memorandum of the Council dated 19 June 2019 and the memorandum for the Stones in response dated 26 June 2019. Amount of claim [10] The Council has incurred costs of $64,267 .93.1 Of that, $38,249 is legal costs (including GST), $22,710.93 is expert witness costs (including GST), $3,150 (including GST) is the cost o...

4. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   ...inclusion of all Respondents, Mr Quinn explained that this would provide assurance to the Council that the earthworks will cease until steps were taken to stabilise the Site. Mr Ferreira agreed as did Ms Takle but she noted that Mr Bank had taken responsibility for undertaking all necessary steps. In the circumstances it is appropriate that the interim orders extend to all Respondents. I directed Mr Quinn to file amended interim enforcement orders reflecting these changes. They...

5. 2021-07-05 DOC - Closing Submissions [pdf, 303 KB]

   ...benefit by retaining water instream longer. 10. Even where priorities have not been formally exercised, their presence6 has shaped existing patterns of use through the knowledge that they can be called upon in situations of insufficient flows.7 In response to this water users have come up with various informal (and in some cases formal) water sharing arrangements to address low flow circumstances, all underpinned by priorities. 11. I submit, when replacing deemed permits, PC7 must...

6. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   ...Court issuing its decision on 30 July 2021.1 The Court directed the Council to prepare draft changes in accordance with the decision and circulate it to the other parties for comment. The other parties were then directed to provide written responses to the Council within 10 working days. If any matters were still in disagreement, the Council was directed to file its preferred provisions, with an explanation of the differences between each party. On 22 October 2021, the Council...

7. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

   ...up to date, they responded that maintenance was up to date and that they CI0301_CIV_DCDT_Order Page 4 of 7 addressed anything they needed to. Ms C noted that she asked two or three times, and the answer was always the same. Ms C said those responses induced her to be confident about confirming the agreement, thinking that everything was up to date. 22. QI and MI agreed that when they talked about maintenance with Ms C they would have said something like that, as they did not bel...

8. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ...acoustic and urban design witness costs. While the Council was opposed to the grant of consent, the Council witnesses engaged constructively with Kombi’s witnesses. Kombi introduced changes to the proposal and/or clarified various matters in response to matters raised in the evidence of the Council’s expert traffic, acoustic and urban design witnesses. [24] The Council clarifies that the charge out rate claimed for Ms Samsudeen’s and Mr Crimmins’s time is taken from the h...

9. [2021] NZEnvC 116 Te Runanga O Ngati Awa v Whakatane District Council [pdf, 952 KB]

   ...Ngati Pikiao and Ngai Te Rangi's position is that Creswell elected to call a fulsome or "gold-plated" case in support of its position. They submitted that while Creswell is entitled to run its case how it wishes, it is not their responsibility to bear the brunt of that approach. [43] Given the narrowed scope ofTRONA's appeal, and of Ngati Pikiao's and Ngai Te Rangi's areas of focus, counsel submitted that $175,000 is a reasonable and realistic starting...

10. LCRO 224/2020 & LCRO 230/2020 EZ v MQ and MQ v EZ (19 May 2021) [pdf, 181 KB]

    ...had engaged in conduct that was intimidatory, and in clear breach of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [12] Ms MQ responded to Mr EZ’s complaint on March 26, 2020. In part, Ms MQ’s response addressed matters arising from her engagement with Mr EZ in her capacity as an Immigration advisor. To the extent that her submission addressed issues relating to her engagement with Mr EZ in her capacity as a lawyer, she submitted t...