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1. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...DECISION OF TRIBUNAL ON LIABILITY Introduction [1] This decision records our considerations after a hearing where the issues were whether the practitioner, Ms Fendall, made false declarations to her insurer, intentionally, recklessly or carelessly. Such was relevant to the level of culpability, which, at the conclusion of the hearing, we found to be misconduct. [2] The practitioner had been charged in the alternative with the three available levels of culpability1 and h...

2. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

   ...transaction as well as acting for the borrower and covenantor, and, secondly, had not provided Ms UF with competent advice. In doing so, Mr QT had contravened the relevant rules in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct. [3] The second decision concerned penalty (the 16 June penalty determination). [4] In September 2008, Ms UF was in a relationship with Mr RP, who owned a business which...

3. EA v FC LCRO 91 / 2011 (20 December 2013) [pdf, 135 KB]

   ...research led her to a [X] website, ZZU where she noted that Mr DP was advertising legal services. [6] Ms FC prepared a “Confidential Report” to the New Zealand Law Society, pursuant to Rules 2.8, 2.9 and 2.11 of the Rules of Conduct and Client Care (the Rules), 2 alleging lack of professionalism on the part of Mr DP. Her Report referred to his “unauthorised practice of law”, explaining that she had found Mr DP to be currently advertising himself on a local [X] website (s...

4. HH v ASC2 LCRO 33 / 2011 (21 December 2011) [pdf, 161 KB]

   ...Pursuant to the terms of the Agreement, the deposit was to have been paid by Mr and Mrs SY to HI Law within 10 working days of the date of the Agreement to be held by that firm as stakeholder. Ms HJ also noted that the two conditions inserted for the protection of the purchaser were due to have been satisfied by 20 January 2007. 3 [12] There is no indication on the file that Ms SX communicated with her clients at that stage and no further correspondence appears until 27 June...

5. Ngati Pahauwera Affidavits 1 of 4 [pdf, 20 MB]

   ...COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2011-485-821 UNDER IN THE MAnER OF IN THE MAnER OF The Marine and Coastal Area (Takutai Moana) Act 2011 An application by NGATI pAHAUWERA DEVELOPMENT TRUST for Customary Marine Title and Protected Customary Rights An application by NGATI pAHAUWERA (as originally filed by WAYNE TAYLOR, KUKI GREEN AND RUKUMOANA WAINOHU) for Protected Customary Rights AFFIDAVIT OF JAMES WILLIAM ADSEn AFFIRMED /2~ ~ J<..Or 'f 201...

6. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...In the early hours of 11 October 2004 Iraena Asher, a 25 year old woman, disappeared into the night at Piha, a rural beach side area west of Auckland. She was never seen again. The three applicants, Ms Carroll, Ms Woodhouse and Mr Woodhouse, cared for Iraena in the hours preceding her death, having earlier found her wandering near the road, semi-clothed and distressed. Immediately following a coronial inquest into her death, held in July 2012, the Coroner issued a finding in whic...

7. Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 (459 AOT 210) [pdf, 585 KB]

   ...course of these proceedings the trustees gave an undertaking that they would not fully demolish the Whare until further order of the Court. [4] We address tikanga because tikanga underpins the applications we must determine. We do so in a careful manner to allow tikanga to speak in its own context, and not one cloaked exclusively by a western legal construct.5 To assist in achieving this level of care, Dr Ruakere Hond was appointed by the Court as a Pūkenga per s 32...

8. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

   ...November 2023 (Heard at Auckland) Appearances: D Fleming, counsel for plaintiff RM Butler and DT Smith, counsel for defendant Judgment: 24 July 2024 JUDGMENT OF JUDGE K G SMITH [1] Bigson Gumbeze began working as a care and protection social worker for Child, Youth and Family on 22 March 2010. By November 2011 he had become a senior social work practitioner. [2] On 1 April 2017, Oranga Tamariki – Ministry for Children came into exi...

9. Stanimirovic v Levarko [2018] NZIACDT 3 (7 February 2018) [pdf, 350 KB]

   ...clients, prepare immigration applications, send them to the licensed immigration adviser to sign off and file them with Immigration New Zealand (INZ). This Tribunal has made it clear the activity is unlawful, deprives potential migrants of the protections afforded by the Immigration Advisers Licensing Act 2007 (the Act) and accordingly raises serious professional conduct issues for any licensed immigration adviser involved in the practice. The gravity is underlined by the fact the a...

10. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

    ...supported by them. Tribal whakapapa gives rise to a spiritual relationship and respect for the mauri (life force) evident in wai māori, and to the rights inherent in rakatirataka and the associated and fundamental duties of kaitiakitaka. 8. The protection of the wāhi tūpuna (cultural landscapes) that reflect the long history and traditions associated with the settlement of Otago by Kāi Tahu whānui is sought by mana whenua. 9. Following shortly after the signing of Te T...