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1. [2023] NZEnvC 265 Gibbston Vines Ltd v Queenstown Lakes District Council [pdf, 362 KB]

   ...Memorandum of counsel for QLDC dated 27 January 2023, at [11]. 30 Memorandum of counsel for QLDC dated 27 January 2023, at [8], referring to Foodstuffs (South Island) Limited v Christchurch City Council [1999] NZRMA 481 (HC). 31 Legislation Act 2019, s10(1). 32 Port Otago Limited v Environmental Defence Society Incorporated [2023] NZSC 112 [‘Port Otago’]. The court respectfully acknowledges the recent passing of Len Andersen KC, counsel for Port Otago in this case. 13 Poli...

2. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...make complaint would not constitute unsatisfactory conduct. An allegation of acting in collusion with opposing counsel, if established, would inevitably fall within the more serious range of conduct breaches such as to constitute misconduct.14 [101] Mr WR has responded to accusation of collusion with simple denial. 8 Rule 2.1 of the Rules. 9 Rule 2. 10 Rule 5. 11 Rule 5.1. 12 Rule 6. 13 Rule 10. 14 Issues of misconduct fall to be determined by the Lawyers and Conveyancers Dis...

3. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...company through which the complainant would invest in the Dairy. [9.12] Ms Atia rang Immigration New Zealand on 19 September 2016 and stated she was no longer representing the complainant. [10] The Registrar contends that those events establish: [10.1] Ms Atia was aware there was a conflict of interest with the complainant. [10.2] She failed to disclose the conflict in writing to the complainant. [10.3] She did not obtain the complainant’s written consent. [11] On that basis,...

4. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...individuals, each of whom is jointly and severally liable for the actions of their fellow partners. [100] A conduct finding may only be made against an individual or a legally recognisable entity. Committee’s finding of unsatisfactory conduct [101] The Committee accepted that Mr IW had not rendered the various invoices to the body corporate. It is clear also that Mr IW only became involved in this file after Mr S had left [Law Firm A]. By that time, the weathertightness claim...

5. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...says: Clinical findings suggestive of right ulnar nerve compression at the elbow – Mr Waite does not experience any symptoms in relation to this. [100] Mr Light accordingly submits that the condition was pre-existing the accident date. [101] Next he refers to Dr Lane’s comment on 26 February 2015 that lateral epicondylitis was generally degenerative and anatomical rather than traumatic. [102] Mr Light also refers to the comments of Dr Emrys on 10 July 2017. Dr Emrys c...

6. AB v CD LCRO 332/2013 [pdf, 264 KB]

   ...obligation. The answer to that question was a matter for Mr AB’s professional judgement based on what he knew at the time. [100] Mr AB first accepted instructions from both clients to act in the negligence proceedings in July or August 2011. [101] [Insurer] had not made a decision on whether to cover Mr CD for his claim under the policy at that stage. There is no evidence either way as to whether [Insurer] received legal advice on its legal obligations to Mr CD under its pol...

7. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...HC’s response to suggestion that he was conflicted is to argue that he was providing advice of a general nature which was caveated by warning to the parties that if there was possibility for conflict, they would need to seek independent advice. [101] But that argument ignores the fact that he could not provide advice of a general nature to all the parties at commencement. The transaction demanded that each of the parties be independently advised from commencement. [102] It was in...

8. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...to comply with a compliance order is to be taken seriously. Such a conclusion was reinforced by the increase in the maximum sum available for a fine from $10,000 under the Employment Contracts Act 199124 to $40,000 under the current Act. [101] It was also stated that the power had to be exercised in context. That context was an enforcement response for non-compliance in a manner akin to contempt. [102] Coming on to describe considerations which would be relevant to the amount...

9. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...return to work been properly managed and the SPAD had happened while he was not suffering from his adjustment disorder then he is likely to have reported it and, as readily admitted by Toll, he would not have been dismissed for the SPAD alone. [101] This is not a case where the dismissal was unjustified solely because of technical procedural defects. I find that, had Toll not breached its obligations to Mr Rowe under the injury management programme, Mr Rowe would have remained at...

10. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

    ...dangerous31 and had relied on the upgrading works set out as part of the plan change to mitigate those effects. That has not occurred. While it is accepted that this is lay evidence it does illustrate that the 28 EB-00203 at [13]. 29 EB-01014 at [23]. 30 EB-01014 at [25]. 31 NOE at 319, line 19. 17 traffic non compliances identified by Ms Wilton create real issues for local residents. Visual/Landscape Effects [49] In respect to visual/landscape effects we heard ev...