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1. [2024] NZEnvC 185 Transpower New Zealand Limited v Central Hawkes Bay District Council [pdf, 5.7 MB]

   ...safe level (e.g. activities include erosion, sediment and flood control, weed control, access requirements, maintenance of plant, machinery or structures and monitoring of operations). MAINTENANCE (OF A HERITAGE ITEM) means regular and ongoing protective care of a place to prevent deterioration and to retain its values. Maintenance excludes alterations, additions, restoration, or reconstruction. MAJOR HAZARDOUS FACILITY (a) any facility which involves one or more of the followi...

2. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...retainer. Mr Lukas failed to keep Mr BW and Dr CV updated about what was happening with their case, in particular, the delays caused by INZ needing further information. The Committee was left with the impression that Mr Lukas’ approach to client care and file management is particularly laissez-faire. [28] The Standards Committee considered that, taken together, Mr Lukas’ failings in relation to these three issues demonstrated an overall lack of care and represented conduct that fa...

3. LCRO 186/2019 ZU v FD (15 June 2021) [pdf, 246 KB]

   ...[Area] Standards Committee [X] in which the Committee determined that Mr ZU’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) by reason of a breach of r 3 of the Conduct and Client Care Rules.2 1 At various times the Standards Committee file includes Ms WD as a complainant. The two costs assessors’ reports also include her as a complainant. Ms WD has lodged a separate complaint about Mr ZU. This review is a r...

4. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

   ...instalments. First expression and work visa application filed [8] The expression of interest under the skilled migrant category seems to have been filed almost immediately, as Immigration New Zealand (Immigration NZ) wrote to the complainant (care of Mr Lawlor) on 21 March 2019 advising that she had been invited to 3 apply for residence. She was informed she had four months to make the residence application and no extension would be considered. Mr Lawlor told her of the invit...

5. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...compromise activities of national or regional importance that have a functional need to locate and operate in the coastal marine area; ... (i) set back development from the coastal marine area and other water bodies, where practicable and reasonable, to protect the natural character, open space, public access and amenity values ofthe coastal environment.” 17. I consider that all three of these policies are relevant and provide over- arching guidance to the importance of provisions f...

6. [2019] NZEnvC 021 Jacks Point Residential No.2 Limited v Queenstown Lakes District Council [pdf, 4.8 MB]

   ...vehicle access was formed and water supply, wastewater treatment and stormwater infrastructure established. Large areas of open space have been set out to provide areas of private amenity, native vegetation enhancement, public trails and landscape protection almost all, on my casual observation, to a very high standard. 2. Chapter 41 (Jacks Point) of the proposed plan and JPG's responses 2.1 Jacks Point under the notified PDP [8] In Chapter 41 of its notified PDP ("PDP n...

7. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...borrower and lender in the same transaction. There are some disputes about how the parties came to Mr QW, but no dispute about the substance of the matter, first that Mr QW acted for both parties and second that he did not register a caveat in 2009 to protect Mr RN’s security. [3] Mr QW says that despite advising both parties that they were clients or former clients so he would not be able to represent them in the lending and borrowing transaction, he bowed to the parties’ wishes...

8. National Standards Committee 1 v Gardner-Hopkins [2022] NZLCDT 2 (13 January 2022) [pdf, 211 KB]

   ...completely different and he has achieved a greater work/life balance. We accept his evidence that he has taken the mantle of parenthood seriously, and presently has significant daily responsibilities for his baby daughter. That, in itself, is a protective factor in our view. [28] Importantly, he says, and his therapist Dr Freeman-Brown, confirms7 that he has significantly reduced his alcohol intake to meet the Ministry of Health, healthy drinking guidelines.8 [29] We consider th...

9. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...2016 Ms MacGregor initially took the position that publication of some parts, but not all, of the decision would provide an opportunity for her to be publicly vindicated. [11] She also submitted non-publication orders should be made to uphold and protect the confidentiality undertakings that formed the core of the claim before the Tribunal. The broad terms of the redactions sought were listed in a memorandum of 16 March 2016. It is not necessary to review the proposals here but it sh...

10. Auckland Standards Committee 1 v Hart [2012] NZLCDT 26 [pdf, 177 KB]

    ...unprofessional verbal altercation with a fellow lawyer. [c] In March of 2010 there was a finding of unsatisfactory conduct in respect of overcharging and “a lapse in his obligations under Rule 3 to always act competently and take reasonable care and under Rule 10 to promote and maintain proper standards of professionalism in his dealings”. The Standards Committee went on to find his behaviour unacceptable measured against the standards of “competent, ethical and reasonable...