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1. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

   ...involved Mr SY in his role as the lawyer acting in the administration of the estate. That work was focussed on the legal question of how to manage the partial intestacy. It was, first and foremost, a purely legal question. Framework: conclusions [101] The above analysis, admittedly brief, compels me to the conclusion that I do not agree with the Committee’s view that Mr SY’s conduct is captured by rule 7.1. [102] Ms LT and LN were not, and never could be, Mr SY’s clients in...

2. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...[100] It was required of Mr MC to explain to Mrs QK that he was simply unable to represent her, and that she was required to instruct her own lawyer. Did the Committee err in referencing cultural factors and Mrs QK’s personal circumstances? [101] Mr MC argues that the Committee placed undue weight on Mrs QK’s age, cultural factors and familial dynamics. In identifying these issues, he is complaining that the Committee was painting a picture of Mrs QK as a vulnerable individua...

3. Director of Proceedings v N [2019] NZHRRT 38 [pdf, 953 KB]

   ...inform the LMC obstetrician or the obstetrician on duty. BREACHES OF THE CODE 100. Right 4(1) of the Code states: "Every consumer has the right to have services provided with reasonable care and skill." Mrs N' s acceptances 101. Mrs N accepts that her actions outlined above breached Right 4(1) of the Code, in that she: i. Failed to take appropriate steps to monitor the aggrieved person in light of her presentation, and 24 ii. Failed to contact the LMC obst...

4. MLC 2018 December 2018 - OCR Outstanding Applications [pdf, 445 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kuk...

5. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...is SA 8A/1099. 3 Both Mr Tuwhangai and Mrs Boon are trustees of that marae reservation block. 4 Confirmation of Resolution of owners dated 18 December 1991. Block order file 17/2503. 5 106 Otorohanga MB 84 (106 OT 84). 173 Waikato Maniapoto MB 101 out of the total shares in this block of 415 shares which she holds as a beneficial owner, to Niki Tuwhangai of Te Kuiti, Warden and June Maanga Ormsby of Tokoroa, Controller as joint tenants for the sum of $11,500.00. (Emphasis adde...

6. MLC 2019 February - OCR Outstanding Applicaitons [pdf, 371 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona K...

7. MLC 2019 January - OCR Outstanding Applications [pdf, 368 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona K...

8. Director of Proceedings v McMillan [2020] NZHRRT 18 [pdf, 379 KB]

   ...scores38 were 2 at 1 minute and 3 at 5 minutes. Third stage of labour and post-birth care 100. At 10.24 pm, the defendant administered Syntocinon39 to the aggrieved person. The placenta was delivered at 10.26 pm, with controlled cord traction. 101. At 10.48 pm, the aggrieved person was noted to be bleeding moderately to heavily, and that her uterus was firm and deviated to the right. 102. At 11.00 pm, the defendant administered 1 mg of paracetamol to the aggrieved person, for...

9. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...whereabouts (sensible as that is) could be enforced. Should the lawyers have taken Ms TJ’s concerns about her safety more seriously? [100] Ms TJ explained the circumstances which prompted concern that Mr TJ presented a risk to her safety. [101] Without wishing to minimise Ms TJ’s concerns, the events she identified would not, in my view, have provided the lawyers with basis to conclude that they could advance the protection remedies available to Ms TJ with any reasonable prosp...

10. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

    ...into whether Mr BV had breached any professional duties or obligations owed to CAT. [100] However, further delay will inevitably cause inconvenience to both parties. There is benefit for the parties in bringing this matter to conclusion. [101] I am also mindful, that whilst the Committee amended the complaint to exclude Mr BV, its investigation, whilst progressed in the guise of a complaint against ZEN, inevitably paid close attention to the steps taken by Mr BV. 17 [102] T...