Search Results

1. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...Lawyers Complaints Service (LCS) on 31 October 2019. He claimed Mr VE and Mr DP, by acting for more than one client on the proposed restructure of the company, contravened r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).4 (1) Company, shareholders [16] He alleged since “at least November 2018” whilst purporting to act for the company on the restructure proposal, Mr VE and Mr DP, in conflict with their professional duties owe...

2. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...RVZ.4 The memorandum identifies some seventeen associated issues (and some related sub-issues) in essence as matters that go to informing the most appropriate zoning outcome. These can be summarised as follows: (a) would each zoning option protect the landscape values of the ONL having regard to associated landscape sensitivities? (b) would RVZ zoning of Matakauri Lodge be incompatible with the surrounding RLZ zoning and harm PDP plan integrity? (c) should any site-specific mo...

3. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Parliament’s right to control its own affairs for matters within its jurisdiction (exclusive cognisance).   In practical  terms, parliamentary privilege provides  immunities  from  legal proceedings  for actions  done and  things  said  in  the  context of parliamentary proceedings.    It protects  the participants  in  parliamentary proceedings, including parliamentarians, people appearing before Select Committees,  and people reporting ...

4. 2021-10-27 ORC - PC8 - Common Bundle - Volume 3(a) [pdf, 30 MB]

   ...Regional Plan: Water for Otago (9 October 2020) CB162 3A Appendix A: Minister for the Environment’s direction to refer Plan Change 8 and Plan Change 1 to the Environment Court (8 April 2020) CB232 3B Appendix B: Letter from Environmental Protection Authority commissioning Skelton report (15 September 2020) CB234 3C Appendix C: Minister’s letter in response to Skelton report CB236 3D Appendix D: Professor Skelton – Investigation of Freshwater Management and Allocation...

5. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...of her case before the ERA was lacklustre. 8 [36] In the course of providing regulated services to their client, a lawyer must act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.3 [37] A lawyer’s conduct may be deemed to be unsatisfactory if, in the course of providing regulated services to their client, their conduct falls short of the standard of competence and diligence that a member of the public is entitl...

6. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...on three occasions when it should have done so resulting in loss to them. The Lees also claim against the developer, GIL (2008) Limited (GIL), formerly known as Goodland Investments Limited, and say that GIL breached the non-delegable duty of care it owed to them as future purchasers to ensure the house was built properly. [4] Lai Fook Choy was joined as a respondent to the claim following an application by the Council. Mr Choy installed the cladding on the house. It was al...

7. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...decision [18] Ms JG filed her complaint with the New Zealand Law Society Complaints Service on 23 March 2020. [19] The substance of her complaint was that: (a) Ms VK had failed to apply promptly and urgently for an urgent border alert under the Care of Children Act 2004; and (b) prior to her meeting with Ms VK she had made it clear that she wanted an application to be made for a border alert as a matter of urgency; and (c) Ms VK had delayed in forwarding the request to Interpol;...

8. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...the appellants did not demonstrate clear opposition to the investment. Conclusion Lower Court findings [34] The lower Court‟s overall conclusion was that all five trustees, including the appellants, failed in their duty to act prudently and protect the assets of the Trust. It noted they could have sought further direction from the Court at any time but did not take that step. It was satisfied their conduct regarding this investment was sufficiently serious to warrant their rem...

9. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [36] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:9 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

10. [2021] NZREADT 35 - Brady (7 July 2021) [pdf, 287 KB]

    ...transparent, and effective.9 [11] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [12] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penaltie...