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...represented, she suffered substantial loss as a consequence of that failure, Ms NV is raising the spectre of a negligence claim. 5 Application for review, Part 8. 10 [39] Negligence involves a duty of care, a breach of that duty and some loss that has been caused by the breach of duty. The proper place in which to air such an allegation is the court. In that forum there is opportunity for claims of and defences to negligence t...
...context of the Officer having directed the parties to attempt to negotiate a settlement, in my view, opportunity for a Review Officer to 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3.8. 5 Lawyers and Conveyancers Act 2006, s 201. 6 Section 201(4)(c). 8 exercise a discretion to continue with the review process, in circumstances where there has been a settlement reached following a directed med...
...all Respondents who wanted to, and I, could have re-inspected the dwelling before the commencement of the repair work and whilst the cladding was being removed, or once it was removed. I think it would have been particularly helpful to look carefully at the dwelling again, before repair work started, so that the issue of the cracking of the plaster could have been revisited in a practical way. Indeed, that was primarily what I was hoping to achieve. Instead, I was presented with...
...director of ZEN) and Ms PQ, a staff solicitor, on 4 February 2019. [9] The discussion at the 4 February meeting first addressed issues relating to the flood insurance claim. Before further steps were taken on that matter, it was agreed that a careful examination of the terms of the commercial lease was required. Discussion on the issue of the flood insurance concluded with Mr JM advising the lawyers that he was experienced in reviewing commercial leases, and that he would peruse the...
...is occurring in several locations throughout the dwelling. As noted in the opening paragraph, this dwelling represents a high risk to moisture ingress. Monolithic cladding attached to the dwelling with no soffit or eaves providing any wall protection and a flat roof construction with parapets to the perimeter. Page | 8 [16] Mark Fuller subsequently lodged a claim with the Weathertight Homes Resolution Service in March 2005. [17] The Department of Building and Ho...
...conduct of the respondent, Ms FB. Background [2] Mr UY is engaged in proceedings that are before the Family Court. [3] Ms FB acts for the opposing party. [4] In the course of the Family Court proceedings, Mr UY filed an application for a protection order. 2 [5] In submissions responding to that application, Ms FB described Mr UY’s application, as an application for variation of a parenting Order “in drag”. [6] Ms FB was required to file a memorandum with the court....
LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 61 Ref: LCRO 162/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN SD, JK & DZ Applicant AND RE Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1
...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Entry powers without a warrant 6. New section 29C (Power of entry without search warrant) of the Bill provides that the chief executi...
...were rarely occupied to any great extent in the permanent physical sense for the principal reasons that the occupant could not be defended from attack, and that continued occupation would disturb the birds and other game. As the erection and care of devices for the IE;' " ': ,~·_o 1"1aniavotO APp~lIate Court Minute Bookfollo _ _ :3~E_- - 1 2 SE? 199~ - 14 - catching of fish, birds and rats. however, involved the expenditure of some labour, such labour. c...
...to oak and cedar trees on the pond margins; d) Pest animal control such as trap networks and bait stations to control pests such as rats, mice, mustelids and rabbits; e) Planting plan, timing of planting, plant composition, planting density, plant care (mulching, plant guards, regular inspection of plants and fencing, replacement of dead plants); f) Fencing of the entire perimeter of the restoration area to exclude stock; g) Pest plant control; and h) Monitoring. 2) All planting re...