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1. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   ...Black accepts that he carried out certain aspects of the construction but denies liability for the defective work. Bruce Beazley, the fourth respondent, was employed by Winslow as the project manager. Mr Beazley denies that he owed a duty of care and that he caused any loss to the claimants. The fifth respondent (now removed), Kevin Andersen, was the sole director of Winslow. [5] The issues that I need to decide are: a) What defects caused the units to leak? b) Wh...

2. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ...Tribunal finds that the Council was not negligent in issuing it. WAS THE COUNCIL NEGLIGENT IN CONDUCTING ITS INSPECTIONS? [32] The claimants’ case is that the Council was negligent as it failed to exercise all reasonable skill and care in carrying out its inspections of the house. The Council denies this except in relation to the ground clearances and says that its inspections met the standards of a reasonable Council officer at the time. [33] It is now generally...

3. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...the Chief Executive Officer, Russell Ensor. [2] Ms Henry was summarily dismissed by the Trust on 2 August 2018 at the conclusion of an inquiry that began with allegations that one of the Trust’s employees may have assaulted a person in its care. [3] The Trust’s inquiry into Ms Henry’s conduct began after it dismissed the assault allegation. Its concern about her were that she: (a) had failed to adhere to its complaints procedure by delaying reporting the alleged...

4. Kaupapa Maori Report [pdf, 1.7 MB]

   ...crime and safety experiences ........................................................................ 13 Figure 5 Māori children hospitalisation rates per 100,000 .................................................... 14 Figure 6 Māori children in care ............................................................................................... 14 Figure 7 Overview of ISR ......................................................................................................... 19...

5. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...applied civil standard is not only a more straightforward one to apply to disciplinary proceedings. It is also a standard which has conceptual integrity… [116] …The flexible application of the civil standard will, however, give all due protection to persons who face such (professional disciplinary) proceedings. [117] That approach continues at present to be applied by occupational disciplinary bodies in Australia, Canada and Hong Kong. It has long been applied withou...

6. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...in person 2 DECISION OF THE TRIBUNAL RE LIABILITY Professional or personal? [1] Regulation and professional discipline of lawyers serve the purposes of the Lawyers and Conveyancers Act 2006 (LCA). Those purposes include protecting consumers, maintaining public confidence in the provision of legal services, and maintaining the status of the legal profession.1 The gravest standard of wrongdoing is called misconduct. A lawyer can be disciplined for misconduct...

7. CN v EE LCRO 122 / 2011 (22 October 2013) [pdf, 113 KB]

   ...into account all of the assets and liabilities of the deceased, and distribute the net balance to the beneficiaries. Generally this will include prompt contact with any bank where accounts are held, to inform the bank of the death (and thereby protect any dealings with the account), to obtain information about all assets of the estate (including bank balances) and to prepare an account of assets and liabilities for the executors. [27] It appears that on the date of the deceased�€...

8. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...conduct dated 17 December 2012 (the substantive decision), which records the background to Ms ZT’s complaints. The Committee found Ms AZ’s conduct to have been unsatisfactory in that she breached Rule 9.5 of the Lawyers Conduct and Client Care Rules (the Rules)1 by failing to advise Ms ZT on legal aid. The Committee reserved its decisions on whether Ms AZ’s fees were reasonable, and the orders it might make under s 156, and otherwise determined to take no further action on M...

9. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...no obligation to Ms Linton to keep the fact that she had made a complaint against him confidential. Because there was no lawyer client relationship between Mr Keswick and Ms Linton at the time of the disclosure he had no ongoing obligation to protect the interests of Ms Linton. Had Mr Keswick made that disclosure with the intention of intermeddling in the costs application it would have been a matter of professional concern. However a finding of that nature is not open on the avai...

10. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

    ...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...