Search Results

1. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...first respondent, the Auckland Council is in negligence and relates to the Council’s inspection of the building work during construction and in issuing a Code Compliance Certificate. [32] Mrs Ryang alleges that the Council owes a duty of care to homeowners for economic loss arising out of defects caused by the Council’s negligence in the course of the building process. She says the Council owed her a duty of care in issuing the building consent (though this limb of the c...

2. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...further action in relation to her complaint against Mr UD. Mr UD was counsel for Mrs AQ in a High Court appeal hearing. Background [2] Mrs AQ and Mr B are the parents of C. They were involved in Family Court proceedings in relation to C’s care. The pivotal issue was whether or not Mr B had sexually abused his daughter or whether for any other reason he was not a suitable person to have the unsupervised care of his daughter during weekends. The Family Court found that M...

3. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...E2 and B2 of the regulations made under the Building Act 1991. [36] The Owners also claim against the First respondent, Maccol in tort. The Owners say at law, Maccol owed them as immediate (and subsequent) purchasers, a non-delegable duty of care as the developer of their property to ensure that proper care and skill was exercised in the construction of the dwellinghouse on the development property. [37] The Owners claim that Maccol breached the duty of care by failing to ex...

4. Finau v Tangilanu [2014] NZIACDT 50 (15 April 2014) [pdf, 110 KB]

   ...Code of Conduct in relation to ceasing her services, in that she: [4.1.1] Did not take reasonable steps to ensure her clients’ interests were represented when she could not continue as their representative; in doing so she breached her duties of care, diligence, respect and professionalism under the Code of Conduct (clause 1.1(c)); and [4.1.2] Failed to confirm in writing when work ceased part way through an immigration process (clause 3(b) of the Code of Conduct). [5] In outline,...

5. JQ v QM LCRO 97 / 2011 (28 August 2012) [pdf, 84 KB]

   ...intimidating or inappropriate. It was claimed that the Practitioner was ringing in his personal capacity as a defendant, not in his professional capacity as a lawyer. Counsel submitted that in these circumstances the Lawyers: Conduct and Client Care Rules 2008 (“the Rules”) did not apply. [7] In the course of the Standards Committee enquiry the Practitioner was asked to specifically address whether or not the test of misconduct set out in section 7(1)(b)(ii) applied to him. T...

6. Youth Court - 10 myths & misunderstandings about family group conferences (FGCs) [pdf, 165 KB]

   ...Group Conference (FGC)” Reality This is far from the case. In most cases, the Police will not even consider charging the young person and bringing them to court, and so an FGC will not be held (unless there are other reasons to do so eg care and protection). Around 70% of cases will be resolved without an FGC occurring: 26% will result in warnings from the Police, and 43% will result in the Police using what is called “alternative action” - which is a formal, community-base...

7. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...proving effective, with the Manukau Customer Service Centre assessed as the best in the country in a customer survey. Witness technology Witnesses can give evidence from another room via state-of-the-art video link to the courtroom. The witness is protected from direct contact with the defendant. PAGE 4 JUSTICEMATTERS Triple boost for victim support Victims’ information services • Victims Code • Chief Victims Advisor A number of recent initiatives highlight the Ministry o...

8. CAC 20006 v Azimi [2014] NZREADT 97 [pdf, 33 KB]

   ...raising of finance from banks, rightly demands that practitioners within the industry approach these aspects of their profession with scrupulous care and honesty; and, in this, Ms Azimi has been found seriously wanting. He therefore submits that the protection of the public and the maintenance of standards requires no less firm a response than cancellation. [11] In addition to cancellation, the prosecution submits that it would be appropriate to fine Ms Azimi. [12] Mr Hislop (as coun...

9. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...the nature of the relationship with Mr Penzance and various intimate details. [9] At the hearing Mr Penzance referred to the applicable legislation and professional rules. In particular he referred to r 8.7 of the Rules of Conduct and Client Care which prohibit the use of confidential information. The rule states: 8.7 A lawyer must not use information that is confidential to a client (including a former client) for the benefit of any other person or of the lawyer. 8.7.1 A lawyer...

10. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

    ...journalist having telephoned the appellant, as the listing real estate agent, to ascertain whether there had been developments towards the sale of the property since the auction. [8] It is clear to us that the appellant, who gave evidence and was carefully cross- examined before us, has been proud of his record up till now of no complaints being made against him as a real estate agent for over 12 years. He is a highly successful agent selling about 45 to 50 houses per annum.