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1. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...obtain the vendors’ consent in the prescribed form to VAD’s acquisition of the properties; [b] s 135, by failing to provide the vendors with an independent valuation; [c] r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by failing to comply with fiduciary obligations owed to his vendor clients; [d] r 6.3, by engaging in conduct likely to bring the industry into disrepute; [e] r 6.4, by misleading or withholding informa...

2. TX v NE LCRO 03 / 2012 (18 February 2013) [pdf, 121 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

3. O'Connor v Macdee McLennon Construction Limited [2012] NZWHT Auckland 14 [pdf, 170 KB]

   ...Interior paint began to peel. THE ASSESSOR’S REPORT [13] The claimants lodged a claim with the WHRS on 21 April 2008. The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrades – no protective flashings or slope – in variance with specifications and plans....

4. BORA - Abortion Legislation Bill: Attorney-General's opinion [pdf, 247 KB]

   ...physical health, mental health, and well-being. New section 11 limits the right to freedom from discrimination 5. To infringe the right to freedom from discrimination in s 19 of the Bill of Rights Act, a distinction must be drawn on the basis of a protected characteristic and constitute a material disadvantage to the affected members of that group. I have concluded new section 11 gestational limit impairs the s 19 right. That is because it constitutes disadvantageous differentia...

5. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...on the architect’s plans. [5] The Simpsons believed that the contract was: • to prepare working drawings, • supervise the construction project, and • manage the whole process acting as their agent and ensuring their interests were protected. [6] The nature of the contract was disputed by Mrs O’Callaghan who says, inter alia, that the Simpsons were not willing to pay for supervision of the contract. [7] Mrs O’Callaghan drew plans from the architect’s sket...

6. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...consented plans also had stamped on them the requirement that the cavity between the backing and the building Page 17 of 44 paper was to be sealed from the roof space and the subfloor and opened at the bottom to drain moisture to the outside but protected against the entry of vermin. [45] I accept that the lack of an adequate drainage plane or the sealing of the drainage plane has contributed to the damage resulting from water ingress. The responsibility for this defect...

7. Godinich v Guan Thye Heng Co Ltd [pdf, 97 KB]

   ...cladding has been removed, I think that it is probable that the remedial work will be restricted to a reconstruction of the top of the balustrade. There are a number of different ways of waterproofing the top, but all will involve installing a protective capping along the full length of the balustrade and ensuring proper junctions with the external walls of the house. I would accept the costings provided by Mr Jordan as being reasonable, and would set the cost of the remedial wo...

8. Recommendations recap - issue 2 [pdf, 1.7 MB]

   ...occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. Table of contents 1 Case study butane 11 Recommendations 11 Adverse effects or reactions to medical or surgical care 15 Aged care 15 Child deaths 17 Deaths in custody 26 Drugs, alcohol or substance abuse 27 Fall 27 Fire-related 27 Homicide or interpersonal violence 28 Mental health issues 28 Natural causes 28 Product-related 29 Recreational or lei...

9. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...Friday, 12 April 2019 email, and her telephone message that day, BN had not contravened his duty to act in a timely manner.4 3 Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states “In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care”. 4 Rule 3. 5...

10. [2020] NZSAAA 2 (13 March 2020) [pdf, 279 KB]

    ...life and subsequent to his leaving home in early 2019 in order to attend university, are not in dispute. It is the interpretation of the relationship that is at issue. Initially, when, immediately after his birth, the appellant was removed from the care of his biological mother and placed in the care of L, it appears to have been envisaged that the birth parents would, over time, take on at least some of the responsibilities of parenting. His father, in particular, expressed some intere...