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1. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...one instance of misconduct may, where it is not serious, justify some leniency sanction-wise, recurrences speak of the lawyer’s indifference to professional standards and thus the need for protecting the public from the lawyer’s behaviour. [101] Use of the word ‘misconduct’ here, may give the impression that the author is referring to more serious instances of shortcomings than are involved in this matter, but that is not necessarily the case, as the text primarily relates to...

2. [2017] NZEnvC 162 Mawhinney v Auckland Council [pdf, 24 MB]

   ...section 88 in that the information provided with the application was incomplete. By letter28 dated 5 March 2012 notice of this decision along with detailed reasons was provided to Mr Mawhinney. The reasons included29 (relevantly): 27 28 29 CHK1.01 CHK1 .05 CHK1.06 CHK1.07 Please provide documentary evidence that the named Peter William Mawhinney is a trustee of the Waitakere Forest Land Trust and that he has authority to sign an application on behalf of the trust. Pl...

3. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

   ...that Mr Jones was the only interested party.3 [b] Mr Robb had breached his fiduciary duty of loyalty to Maketu, but his conduct fell just short of breaching a duty of good faith (if such a duty existed).4 [20] Maketu was awarded damages of $1,101,375.5 Should Mr Robb be found guilty of misconduct on the second charge? The relevant Rules [21] The Rules referred to in the second charge against Mr Robb provide: Rule 6.4: A licensee must not mislead a customer or client, nor provi...

4. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...on the evidence before us at this stage. [35) For clarity, we set out our key findings from the earlier decision. They are to be found late in that decision under headings "The Core Issue" and "Assessment". [36) In paragraph [101) we recorded a strong statement by a plant pathologist called by the Director-General. Dr I Horner: The long-term survival of kauri forest depends on preventing the spread of kauri dieback into these "clean" areas of forest. If...

5. LCRO 160/2016 ET v NE (23 May 2019) [pdf, 203 KB]

   ...secure the outcome Mr ET wanted. The latter type of arrangement is known as a contingency fee. There are special rules that apply to contingency fees. There is no evidence that supports the contention that Mr NE acted on a contingency basis. [101] As to the former, the rules did not oblige Mr NE to supply information about the basis on which he would charge when Mr OC engaged him. Complaint cannot be sustained on the basis that no such information is available, when no such info...

6. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...informed decision to end their suffering and maintain their dignity through assisted dying. 10. Given the importance of the subject matter, I set out the process in the Bill in some detail. To be eligible for assisted dying, a person must: 4 10.1 be aged 18 years or over 10.2 be a New Zealand citizen or permanent resident 10.3 suffer from a terminal illness likely to end their life within six months or have a grievous and irremediable medical condition 10.4 be in an advanced...

7. LCRO 7/2018 AB v CD (26 November 2019) [pdf, 165 KB]

   ...a convenient summary for the lawyer, does little in assist in clarifying, for the lawyer’s client, what was done. [100] But I note however that Mr AB’s account recorded time spent on Mr CD’s file for the period covered by the account. [101] By a fine margin, I conclude that the final account Mr AB provided to Mr CD met the requirements of r 9.7 [102] However, it was not the case that Mr CD’s complaint was confined to concern that Mr AB had failed to provide him with an acc...

8. [2024] NZREADT 01 - CAC 2106 v Pang (8 January 2024) [pdf, 154 KB]

   ...proceeded with reckless indifference as to whether it was so or not. Indeed, to conclude otherwise would all too obviously put a premium on ignorance. 8 Section 110. 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101]–[102] and [112]. 10 Zaitman v Law Institute of Victoria BC9401319 (9 December 1994) (VSC) per Phillips J, approved in Real Estate Agents Authority (CAC 20004) v Clark [2013] NZREADT 62 at [70]–[71]. 9 [37] It is al...

9. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...been raised at any time by any party to the fact that Ms Park has affirmed affidavits for LSG NZ. [100] For the foregoing reasons, I dismiss Mr Hay’s application for discovery of documents. I reserve costs. Application for strike-out [101] Since the application for discovery has been dismissed, the application for strike-out could only now apply to the application for joinder. [102] Although I received submissions at the hearing as to the possibility of strikin...

10. [2022] NZACC 45 – Williams v ACC (22 March 2022) [pdf, 451 KB]

    ...event. Decision [100] This is an appeal against ACC’s decision of 17 January 2020 declining cover for the appellant’s haematoma as a treatment injury said to have been caused by chiropractic manipulation he received on 19 April 2018. [101] The record before the Court shows that commencing 26 March 2018 the appellant received chiropractic treatment. The chiropractic note of 26 March 2018 records: Fell off a chair last year and hurt mid back and upper back then did wat...