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1. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...for rays that may find haven under marine farms. Dr Visser explains that there is also a behavioural risk that especially young impetuous Orca are inclined to pursue prey once detected. That impetuosity in the hunt for prey would reduce the protective advantages of echolocation.87 (b) baleens do not have the advantage of echolocation. Furthermore, they feed by lunging. The experts agree that this puts SRW at relatively greater risk of entanglement in spat farm ropes when fee...

2. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   ...appoint gentlemen to protect them and prevent them from being cheated in the sale of their lands - that Her Majesty was ready to purchase such as they did not require for their own use, to dispose cif again to his [ sic] subjects who [she] would take care were responsible men who would not injure them.52 At the Thames meeting, Captain Bunbury recorded that Williams 'explained the treaty; its object in consequence of the increasing influx of strangers' and: that the claim of pr...

3. LCDT - 2017 annual report [pdf, 392 KB]

   ...Disciplinary Tribunal”. The purposes of the Act are set out in s 3 as follows: “3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among...

4. LCRO 131/2017 GR v [Area] Standards Committee [pdf, 168 KB]

   ...GR’s potential liability to Ms DS. Own motion enquiry [10] On 14 October 2016, Mr U wrote to the New Zealand Law Society (NZLS) making a confidential report pursuant to rr 2.8 and 2.9 of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Mr U agreed to the report being disclosed to Mr GR, and the Committee opened an enquiry of its own motion. 3 [11] The Committee sent Mr U’s letter and its attachments to Mr GR, asked him whether a co...

5. Auckland Standards Committee v Clews [2014] NZLCDT 19 [pdf, 91 KB]

   ...a time the practitioner was providing regulated services and is conduct that wilfully or recklessly contravened Rule 5 (independence) and/or 5.4 and/or 5.4.1 (conflicting interests) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008; or alternatively (c) it was negligent or incompetent, and the negligence or incompetence has been of such a degree as to reflect on his fitness to practise or as to bring his profession into disrepute; or, alternatively 7 A...

6. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...number of positions in the human resources department of the Auckland Regional Council (ARC), now amalgamated into the AC, was filed in opposition. [3] Mr Drake relied on r 13.5.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 2008 (the Rules) which reads as follows: Independence in Litigation: 13.5 A lawyer engaged in litigation for a client must maintain his or her independence at all times. … 13.5.3 A lawyer must not act in a proceeding if...

7. Egden v CAC20005 & Ors [2015] NZREADT 80 [pdf, 148 KB]

   ...Rather, the directors were Mr Somaraju and Mr Hackett. Mr Egden says he worked as a licensed agent for Compass Realties from 8 November 2010 to January 2011. [5] Mr Egden says that in January 2011 he ceased his involvement with Compass Realties to care for his terminally-ill wife. He told the Tribunal that he discussed and agreed with the directors that they would close down the real estate agency in February 2011. [6] He said that notwithstanding the fact that Compass Realties h...

8. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [pdf, 197 KB]

   ...logo and footer on a course content document he created to give it the appearance of an official school document and then filed it with NZQA, knowing it to be false, in breach of cl 1 in relation to honesty, professionalism and acting with due care; or (3) alternatively, placed a school logo and footer on a course content document he created to give it the appearance of an official school document and then filed it with NZQA, knowing it to be false, thereby deliberately or negligent...

9. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...trusted and accessible justice services. The options are assessed on the basis of whether there will be a reduction in costs for parties engaged in litigation, whether the options will reduce delays, and whether people‟s access to justice is protected. Regulatory impact analysis A variety of possible solutions to the problem were considered by the Rules Committee. This RIS groups these into options in a manner that provides the simplest comparison. The procedure for the...

10. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

    ...Ltd v MEL Network Ltd (2002) 16 PRNZ 747 (CA). http://legislation.govt.nz/regulation/public/2016/0225/44.0/link.aspx?id=DLM319999#DLM319999 the plaintiff from pursuing the claim. An order having that effect should only be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not likely to be denied. [16] Of course, the interests of defendants must also be weighed. They must be p...