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  1. CV v TND [2013] NZIACDT 20 (28 March 2013) [pdf, 92 KB]

    ...further: [38.1] Mr TND terminated the agreement, as it was founded on information that proved not to be accurate and he was unable to establish a satisfactory basis to complete the instructions. The Tribunal considered the possibility Mr TND had some responsibility for not taking inquiries further when he initially gathered information from Mr CV. However, the information then held did not establish that, and Mr CV was given the opportunity to provide further evidence. [38.2] The vie...

  2. KF v WP LCRO 103 / 2011 (12 April 2012) [pdf, 89 KB]

    ...instructs a third party on behalf of a client to render services in the absence of an arrangement to the contrary, the lawyer is personally responsible for payment of the third party’s fees, costs, and expenses.” [5] The Practitioner acknowledged responsibility for payment, but considered this to be subject to resolving the dispute as to the size of the fee. When the Practitioner’s efforts to facilitate a resolution were unsuccessful, the Applicant filed a complaint with the...

  3. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

    ...office of trustee that the duties of non-conflict and non-profit and the duty to act impartially sit at the centre of a trustee’s responsibilities along with the paramount duty to understand and adhere to the terms of trust; (c) the trustees are responsible for the getting in of the trust’s assets and for acting prudently in their maintenance which includes accountability through the preparation of accounts and reporting to the beneficiaries from time to time; (d) trustees remai...

  4. B Ltd v Council [2024] NZDT 709 (2 July 2024) [pdf, 151 KB]

    ...the fence in February 2023. Reasons: 1. B Ltd own a property at [Town]. A corner of its boundary neighbours a triangle stands of trees. The trees are on land owned by Council as part of a road. 2. Council claim that [Transport Agency] have the responsibility of maintaining the roadway pursuant to the [legislation]. 3. B Ltd say that the trees have been poorly maintained which has resulted in trees and tree branches falling on the boundary fence damaging it. In February 2023, during t...

  5. Otago Standards Committee v Elder [2024] NZLCDT 30 (30 September 2024) [pdf, 91 KB]

    ...DF Clarkson Chairperson Censure Ms Elder, as a practitioner working at a senior level, in areas of practice many lawyers avoid, you are to be commended. However, the pressures arising from such work cannot excuse you from your responsibilities to manage your practice in a way that avoids you falling into the sort of error which has brought you before the Tribunal for a second time. The lack of discipline shown by your actions is unacceptable and risks undermining t...

  6. 2025 NZPSPLA 106 pdf [pdf, 107 KB]

    ...T Cuthbert for the Complaints Investigation and Prosecution Unit (CIPU) DECISION [1] On 1 September 2025 I declined Hoanie More’s application for a certificate of approval (COA). Mr More had failed to provide requested references or a response to the CIPU report which found that he had provided misleading information to the investigator and to the PSPLA in support of a previous application for a COA. [2] Mr More and his prospective security employer have asked me to revisit...

  7. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

    ...stated the information produced “was consistent” with Ms CL (a) having signed the purchase agreement without the building report condition; 7 (b) knowing about “potential issues with flooding or drainage from the road”; (c) assuming “responsibility” for council enquiries about those matters; and (d) concerning insurance of the property, having obtained “appropriate” advice from Mr BK, then making her own insurance arrangements and instructing Mr BK on 24 September...

  8. Regulatory Impact Assessments

    ...Regulatory Impact Statement: Criminal justice proposals to counter foreign interference targeting New Zealand This RIS provides analysis to support Cabinet decisions on proposals to amend the Crimes Act 1961 to strengthen New Zealand's criminal justice response to foreign interference and espionage. Regulatory Impact Statement: Criminal justice proposals to counter foreign interference targeting New Zealand Regulatory and Cost Recovery Impact Statement: Updating the Protection of Personal and P...

  9. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

    ...Mr Dickson while asleep, or while permitted to sleep, was work for the purposes of s 6 the Court said:10 The issue requires a broader consideration of all the facts and we do that under three headings: (a) Constraints on the employee. (b) Responsibilities of the employee. (c) Benefit to the employer. [34] In considering the first of those factors, the Court said that the greater the degree of constraint the more likely it would be that the period of it ought to be regarded as...

  10. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

    ...were required to be foremost in facilitating the transfer of the former clients’ documents and records). [25] The Committee was critical of the parties for the manner in which the complaint had been made and pursued, as well as the applicants’ responses to the complaints. It said:4 Not all of that was helpful, in fact the materials from both sides were difficult to decipher. Further, the Lawyers did not make formal submissions in response to the notice of hearing. There was t...