Search Results

1. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...would be placing too high a duty on a project manager to require him to resign if patent defects in construction were not remedied once brought to the attention of the person with the power to do so. It was held that a reasonable and prudent response to the discovery of defects for which Mr Grgicevich as project manager was not responsible was to bring them to the attention of the person who was. To go further, at that stage, would be unrealistic. [85] Aside from the issue...

2. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the 4 Rules), which is “to always act competently”. Although she was a non- lawyer, as a legal executive Mrs FE is subject to the same disciplinary regime as lawyers. Responses: Mrs FE [15] Mrs FE’s response to the complaint is dated 30 September 2013. That response was comprehensively set out in the Standards Committee’s decision, at [21]-[32]. Having read Mrs FE’s response, I agree with the C...

3. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...settlement agreement received from the vendors’ counsel “a clause requiring substantiation of expenses” for renovations to the property. (4) Legal fees [17] Ms AB requested a review of Mr CD’s legal fees charged to her in the matter. Response [18] Mr CD did not provide comments to the Lawyers Complaints Service, or submissions to the Committee before the hearing of Ms AB’s complaint, despite his stated intention to do so.4 Standards Committee decision [19] The Commit...

4. 5.-Campbell-Stewart-Erosion-and-Sediment-Control.pdf [pdf, 349 KB]

   ...information.7 That Diagram has now been updated in response to Horizons’ section 87F reports, as I discuss below; the updated Diagram is annexed to Ms Justine Quinn’s evidence as Attachment JQ.5. 23. Notwithstanding that monitoring regime and the responses proposed if adverse ecological effects are observed, I anticipate that rigorous maintenance of GD05 controls will minimise the sediment yield to the acceptable level adopted in the assessment of effects. The additional mon...

5. [2021] NZREADT 28 - New Zealand LJ International Limited & Zeng (15 June 2021) [pdf, 327 KB]

   ...[15], above) and to Mr Gooch on 5 April 2019 (referred to in paragraph [25], above). Mr Zeng said he was confused as to what was required, and the Agency may have sent “the wrong documents” in response to the Notices. He said that he took responsibility for the Agency’s failure. [36] Regarding the s 85 Notice to himself, Mr Zeng told the Tribunal that the documents enclosed with his response were the only documents on the Agency’s file. He said he had no further documents...

6. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

   ...told the lawyer that she did not agree to being re-instructed. [24] In a further email to the Complaints Service dated 26 March 2023, Mr ET made the following further comments: (a) Ms PU’s attitude towards him changed once she started receiving responses to the information requests. In particular, when Ms PU received the Police letter, which she did not disclose to him, it “sent [her] into a head spin” leading her to treat him unfairly and then unlawfully terminate their retain...

7. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...experience levels of Ms Simes’ employed barristers. [10] The New Zealand Law Society Lawyers Complaints Service, on receipt of the letter of complaint from the Legal Services Agency, forwarded a copy to Ms Simes. Ms Simes replied immediately.1 In her response Ms Simes; said that she considered she had provided adequate supervision; corrected some factual matters alleged by the complaint;2 confirmed detail of the processes and procedures she had in place to assist management and super...

8. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

   ...3 [High Court Decision]. 4 detailed breakdown of how our initial $30,000 deposit was spent and told no record had been kept. We asked for a printout of time spent and received spreadsheet … which is not originating material. Response by Mr BD [23] Mr BD provided an extensive response to Mr PT’s complaint in his letter to the Complaints Service dated 17 October 2016. [24] Addressing the issue of his withdrawal as counsel, Mr BD said: (a) “The firm carried out...

9. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...was the subject of media comment critical of Mr Shand. Mr Shand responded by sending an email to the journalist in which he stated that Mr Bligh had waived privilege by putting into evidence advice that he was given. Mr Shand included in his response that Mr Bligh had refused to perform his obligations under the funding agreement with CRS and that he had refused to follow the advice that he had been given about the lack of merit of his claim. [25] Mr Bligh instructed GCA Lawyers i...

10. Responding-to-the-Waitangi-Tribunal-recommendations-for-claimant-funding.pdf [pdf, 3.2 MB]

    ...claimants, and • where lead agencies have discretion to fund other claimant costs. The purpose of the policy is to provide more consistency in the funding available to claimants across Waitangi Tribunal kaupapa inquiries and enable lead agencies to be responsive to claimants' specific needs where necessary. This is an interim policy and is intended to be in place until a long-term claimant funding system is developed. It has been agreed by Cabinet [TBC and insert minute]. Lead...