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1. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...interest was paid into it. Therefore, it seemed like a healthy active account. For Mr Kennelly to blame the Law Society for his dilemma because the inspector did not interrogate the interest bearing deposit is not balanced. He cannot fob off responsibility for his default in that manner. His suggestion that the beneficiaries or the Law Society should share responsibility for his defaults does him no credit. 21 In Johnson v Gore Wood & Co [2001] 1 All E R 481 (HL) it was ob...

2. LCRO 120/2021 SB v KR (3 August 2022) [pdf, 174 KB]

   ...three invoices rendered by [Law Firm B] assessed and further reduced, and for the fourth bill to be “assessed and determined at [the discretion of the Committee] based on [the Committee’s] overall review of [her] complaint”. Mr KR’s response6 [14] Mr KR says:7 The affairs of Ms SB’s family were complex involving trusts, estates, partnerships, debts, assets and property. The essential issue was that Ms SB wanted to have these affairs regularised with distributions t...

3. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...cannot be trusted as XD Ltd has denied liability for other issues. This is not a persuasive argument. 25. As QC is alleging the damage, the onus is on him to prove causation and liability. He must show it was more likely than not that XD Ltd was responsible for this damage. He has not done so. Therefore, I must dismiss this aspect of his counterclaim. Sewer pipe 26. The sewage pipe was damaged by XD Ltd when auguring to install retaining posts. The holes were originally ha...

4. 20.-Evidence-of-Mr-Kathryn-Halder-Contaminated-Land.PDF [PDF, 437 KB]

   ...from what is visible on the photographic evidence. 5. Since the consent applications and NoRs were lodged, I have: (a) Contributed to the section 92 request response to queries relating to contaminated land matters. (b) I have assisted with responses to submitters who have raised contaminated land concerns. Page 2 Code of conduct 6. I confirm that I have read the Code of Conduct for expert witnesses contained in section 9 of the Environment Court Practice Note 202...

5. OIA-110625.pdf [pdf, 5.2 MB]

   ...Information Act 1982 (the Act). Specifically, you requested: . .. can you please send me the advice to the minister which Hannah mentions her team was planning, on 7 Dec 2022, as well as any advice relevant to stalking that was subsequently sent? In response to your request, please see the table below which sets out the documents in scope of your request. One document has not been released to you, as it is publicly available online. Some material in the briefing Further advice on str...

6. AW v Accident Compensation Corporation (Social Rehabilitation) [2024] NZACC 160 (7 October 2024) [pdf, 192 KB]

   ...attaching the required form and explaining the process. [8] On 14 August 2023, the appellant completed the form, in conjunction with Corporation staff. He identified his barriers to usual daily activities as PTSD and back and knee injuries. In response to the question on health issues that affected his ability to use a vehicle, he stated that he had “no medical condition other than mobility issues caused by back injury being shot and knee injuries that have long lasting issues fo...

7. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [pdf, 236 KB]

   ...was unrepresented during the Committee’s investigation or because of any alleged language barriers. It is apparent to us that there was considerable interaction between the purchaser and the Authority. He was provided with the licensee’s responses to his complaint and given the opportunity to in turn respond. The purchaser’s written communications with the Authority display a high proficiency in English, as does the transcript of his interview with the Authority’s investiga...

8. Waikato Bay of Plenty Standards Committee v Fletcher [2013] NZLCDT 16 [pdf, 132 KB]

   ...363 (HC). 8 Bolton v Law Society [1994] 2 All ER 486 (CA) at 492 and Complaints Committee of Waikato Bay of Plenty District Law Society v Osmond [2003] NZAR 162 (HC) at 14. 9 Bolton v Law Society at 492. 10 Duncan Webb Ethics, Professional Responsibility and the Lawyer (2 nd ed, LexisNexis, Wellington, 2006) at 140. 11 Bolton v Law Society at 491; Coe v NSW Bar Association [2000] NSWCA 13 at [10]-[11]; Re a Practitioner, ex parte Legal Practitioners Disciplinary Tribunal [2004]...

9. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...tort for negligence in respect of faulty workmanship. THE DEFENCE FOR THE FIRST RESPONDENT (ALAN TUCKER) [39] The First respondent accepts that the owners’ home is suffering from damage caused by lack of weathertightness but he denies responsibility for the deficiencies and faults causing water penetration and says that he employed experts to design the dwelling, to supply and install waterproofing membranes, to supply and install an aluminium and glass balustrade, and...

10. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

    ...times which were either before or after work, despite Chinook sending him emails at various times of the day. In one instance only, after Chinook had sent Mr Farrimond an email in the early afternoon, did Mr Farrimond respond with a brief email in response half an hour later. I do not consider that sending one email only is sufficient to provide a satisfactory basis for a finding that there was a breach of cl 3.1(c)(iv) so that the imposition of a penalty should be considered. [6...