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1. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

2. KX & MC v FK [2024] NZDT 665 (16 August 2024) [pdf, 259 KB]

   ...Applicants an enduring power of attorney to act in relation to his property affairs (“the EPOA Property”) which took effect from that date. On 22 March 2019, BN granted the Applicants an enduring power of attorney to act in relation to his personal care and welfare (“the EPOA Welfare”) which was to take effect if he became mentally incapable of making decisions about his health and welfare. 2. The Respondent, FK (known as [redacted]), is a friend of BN and has previously helped...

3. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...treatment and support at a local clinic. He says his drinking had begun to “spiral seriously”. [13] At the time he was not only a busy practitioner but was facing the end of a relationship as well as Family Court proceedings in relation to the care arrangements for his children. [14] With the support of his law partners, he took leave to engage with a local clinic (Clinic D). The director and part-owner of the clinic is Ms T who is a registered psychotherapy practitioner wit...

4. AE v Decision to prosecute LCRO 93/2013 & 338/2013 (11 March 2014) [pdf, 134 KB]

   ...under the Law Practitioners Act 1982, was no longer necessary as it was now met by other means. Part of the other means is the role that this Office plays in reviewing decisions to refer matters to the Tribunal. The Court said that:14 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from bei...

5. JE v FQ LCRO 213/2012 (17 June 2015) [pdf, 85 KB]

   ...Mr [SP’s son]. [15] Members of the SP family were at odds over the management of the affairs of their elderly parents, and the family had split into opposing factions. 5 [16] Regretably, conflict between family members in respect of the care and protection of elderly members, and the management of those elderly members’ property interests is not uncommon. [17] Mr and Mrs JE contended that Mr SP Snr was very suggestible, unaccustomed to managing his financial affairs, an...

6. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...Trustees of Opihi Jf7hanaungakore v Jf7hakatane Distri1,1 Council [2016] NZEnvC 035 (interim decision) and [2016] NZEnvC 067 (final decision). 5 reserves around it. On the seacoast immediately to the north is a local purpose reserve for coastal protection. Immediately to the south on the Bunyan Road frontage is a local purpose reserve as a landscape buffer. In the southwestern corner is a small local purpose reserve for a pumping station. To the west is existing residential develop...

7. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...Standards Committee decision focused on the complaint relating to the provision of affidavit evidence by the Respondent. In this regard the Committee took note of rule 13.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client 4 Care Rules) 2008 (the Client Care Rules) which provides that a lawyer must not be obstructive when approached to give evidence in Court proceedings. [18] The Committee considered that the Respondent was not in breach of the Client Care Rul...

8. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...the complainant could not work as an independent contractor. However, she had to wait five months until April 2017 to get a response from Immigration New Zealand. Ms Coetzee said she did not feel she had breached her obligation to exercise due care by checking and applying the immigration instructions accurately and so advising the client. If anything, she took too much care. 9 [44] Ms Coetzee conceded that she did not provide a standard service agreement to the complainan...

9. EA v BO LCRO 237 / 2010 (29 September 2011) [pdf, 142 KB]

   ...was inappropriate. This suggests that the Committee accepted that Mr EA 5 was not acting as a barrister and I have assumed that the Committee considered he was in breach of Rule 11.1 of the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008. That Rule provides as follows:-“ A lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice.” [17] I have also assumed that the Co...

10. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

    ...that section 8 of the New Zealand Bill of Rights Act (“NZBORA”) requires the state to undertake a “rights-compliant” investigation into a death at the hands of a state actor, or where a death has resulted from a breach of the State’s protective duties.5 6. Her Honour considered that the Royal Commission was required to consider matters that might fall to a Coroner to inquire into, including the protective duties and actions of state actors prior to the terrorist attac...