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1. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...considered to exist. It said:5 Whilst there is an inherent conflict in this role, it is also common practice for lawyers to act for both the purchaser and the purchaser’s mortgagee. [20] The Committee referred to r 6.1 of the Conduct and Client Care Rules6 which requires that there be more than a negligible risk that the lawyer may be unable to discharge obligations owed to both clients before a conflict of interest exists. [21] The Committee did not consider this to be the case....

2. [2019] NZEnvC 110 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 1.7 MB]

   ...that the statement of attributes and values could provide better guidance for users of the RCEP if the listing in the schedule were focussed more on the particular attributes and values of the ONFL which make it outstanding and are sought to be protected. In setting out these matters, we thought that the text should break down the elements so that the particular adverse effects which are to be avoided can be readily identified. These elements could be described in terms of their lands...

3. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...asked for the rest of the week on leave, to which she agreed. She then wrote to Mr Tan setting out her concerns and suggesting a meeting which took place at the offices of Bell Gully on Monday 7 March. Following that meeting, she wrote to Mr Tan, care of Bell Gully, on 9 March 2011 confirming that LSG had not accepted that Mr Tan was an employee of PFC eligible to elect to transfer to LSG but “in the meantime and in good faith, until this matter is resolved, we offer you conditi...

4. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

   ...persons with intellectual disabilities who might pose a danger to themselves, staff caring for them, or others in the community. Many of those persons might well otherwise be in prison, having been convicted of serious offences. They were and are cared for in residential facilities operated by IHC/THL. Most are held under the provisions of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (IDCC&R Act), although there are others who have high and comple...

5. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...[69] Mr GL responded by stating that he “would like … an applicant only hearing” but did not put forward any specific objections to a determination on the papers in support of his request.30 [70] In those circumstances, and having again carefully read all of the file material referred to above, I directed the case manager to inform the parties that I remained of the view that this matter can be adequately determined on the papers in the absence of the parties.31 [71] To m...

6. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...affidavit. He says he completely relied on Mr GN, and did not read the invoice or take any steps to check it was a matter he could properly issue an invoice for. [9] Mr WT’s evidence at the review hearing confirmed that he did not take sufficient care in observing some of his professional responsibilities, and that he did not maintain appropriate boundaries in his professional relationship with Mr GN. The circumstances 1 [North Isl...

7. 2020-12-07 Statement of Evidence of Richard Allibone on behalf of the ORC [pdf, 5.5 MB]

   ............................................................................................................. 28 Assessment work required to fill knowledge gaps .................................................. 30 Efficacy of Fish Screens .............................................................................................. 32 Protection of ecological values when allocating water ............................................ 35 References ..............................................

8. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...of Mr Craven and CBL. [43] The identification of defects in construction and design is a separate issue from determining whether a particular party is liable for the defects identified – and the extent to which any breach of a duty of care caused damage. Page | 13 Principal Defect 1 - Lack of internal corner flashings to harditex at fire wall and barge areas [44] Harditex was used on the party wall between 51 and 53 Kulim Avenue and at the barge areas. The p...

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

   ...in writing prior to settlement that the purchase would be in the name of the family trust; and (o) at all material times he had acted competently and in a timely manner, consistent with the terms of the retainer and the duty to take reasonable care. [14] Das provided a response to Mr HC’s submission on 30 July 2016. He submitted that: (a) Mr HC was aware at all material times that it was intended that he and his partner were purchasing the [Town] property; and 5 (b) his...

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

    ...the trust, and in doing so, he had failed to recognise the need for the parties to be independently advised. [16] Mr MC was invited to provide a response to Ms QK’s complaint. Through his counsel Mr RD, he submitted that: (a) Mr MC had been careful to comply with the relevant conduct rules; and (b) the party’s interests were completely aligned, and (c) Mr MC had complied with r 6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); an...