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1. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...will, her mother had a life interest, and the three children were equal residuary beneficiaries. (b) After her father’s death, Ms Holland was the nominated attorney under her mother’s Enduring Power of Attorney for property, and for personal care and welfare. Her mother was in indifferent health from 2003 and, over time, her competence diminished. 4 (c) Ms Holland’s mother died in September 2013. Ms Holland was aware that she and her two siblings were the exec...

2. LCRO 240/2016 HM v NL (28 November 2018) [pdf, 255 KB]

   ...NL did act for more than one party at any given time, was she able to discharge her obligations to each pursuant to Rules 6 and 6.1?3 3 The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 6 (d) If Ms NL was able to discharge her obligations to both parties and act for both, did she do so with their prior informed consent as required by Rule 6.1.1; (e) If Ms NL was acting for Mr HM, did Ms NL provide...

3. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...68(5) if it desseminates news which involves provision of new information to the public about recent events of interest to the public. See [52], [54] and [65]. [5] However, on the facts, Asher J made an order under the Evidence Act, s 68(2) that the protection given by subs(1) to journalists’ sources not apply in the context of the defamation proceedings brought by Mr Blomfield. [6] The evidence given by Mr Slater to the High Court addressing the issue whether he is a journalist and...

4. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 15 (29 April 2021) [pdf, 381 KB]

   ...[2] The Standards Committee submits that the letters were inappropriate and unbalanced, that they contained misstatements, and were designed to cause employment troubles for the affected persons. Ms O’Boyle’s case is that she took reasonable care to get her facts right, that she had honest if mistaken beliefs, and that she was acting on instructions from her client. [3] Ms O’Boyle denies she misled the Standards Committee. She says that the Notes of Evidence in a Family Cour...

5. Matthews v Matthews - Estate of Graham Ngahina Matthews (2010) 253 Aotea MB 250 (253 AOT 250) [pdf, 200 KB]

   ...the Court should exercise its discretion in favour of Mr Matthews. He is entitled to deal with his land as he saw fit and in accordance with tikanga. While it was understood that the wider family may not be supportive the matter had been given careful consideration by Mr Matthews. Duncan Matthews is the son of the applicant and therefore a member of the preferred class of alienees. Mr Matthews does not wish the lands to be fragmented and nor does he wish to have them included in...

6. [2018] NZEnvC 181 Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council [pdf, 19 MB]

   ...architect for BBHL. 5 mostly designed to fit into the local topography and to be as far as possible from neighbours concerned by the proposal. There is extensive planting proposed and the landscape architects agree this needs to be carried out and cared for according to good horticultural practice3. Proposed Lots 1 and 2 (Lot 3 has been deleted by BBHL) are on the lowest terrace of the Cardrona River in the southwestern corner of the property and near the Ballantyne Road bridge...

7. E91 Kurt Grant - Construction Methodology - RE – Applicant [pdf, 9.5 MB]

   ...Biosecurity Management Plan - Pending Appendix M Navigation and Safety Management Plan - Pending Appendix N Indicative Construction Programme Appendix O Spill Response Plan Appendix P Environmental Incident Response Form Appendix Q Protected Objects Act and Accidental Discovery Protocol 2644 Wynyard Edge Alliance | America’s Cup – Wynyard/Hobson Construction Environmental Management Plan Rev D |September 2018 Page | v Appendix R Community Liason Group Feed...

8. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...the relevant local authority “in the manner set out in Schedule 1” to the Resource Management Act 19914. Schedule 1 has been described as a code for this process 5 although important glosses have been added by case law as discussed below. A careful reading of the text of the relevant clauses in Schedule 1 shows how the submission and appeal process in relation to a proposed plan is confined in scope. Submissions must be on the proposed plan in support of or in opposition to particul...

9. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...misconduct and one of unsatisfactory conduct. [2] The misconduct charge alleged that between 28 May 2009 and 23 June 2009, Ms Simes had wilfully or recklessly contravened Rules 11 and 11.3 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“CCC Rules”). [3] The unsatisfactory conduct charge alleged that between 1 January 2009 and 31 December 2009, Ms Simes was a party to offences under Sections 24 and 26 Lawyers and Conveyancers Act 2006. [4] The Tri...

10. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

    ...passed on by her to Mr and Mrs Morris, or to “caveat” it as being unverified. [16] The Committee found that Ms Kek’s failure to seek further detail or ask for advice in respect of timber treatment was a breach of her duty to exercise skill, care, competence, and diligence under r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and a breach of r 6.4, under which she had an obligation not to mislead Mr and Mrs Morris by misrepresenting that...