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1. LCRO 224/2018 (31 October 2019) [pdf, 194 KB]

   ...the Committee’s view, Mr UD “could not have foreseen” in January 2017 “what his work commitments would be” 14 months later in March 2018. [22] Having referred to r 4.2(c) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), the Committee stated that Mr UD’s work commitments in March 2018 constituted good cause for him to terminate the retainer.3 (2) Timing of termination [23] The Committee stated that Mr UD and Mr TA were in co...

2. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 1.2 MB]

   ...with their lives. 12 Many of the services needed (for example, alcohol and drug services) are not readily available. Children exposed to violence do not generally receive help if the violence they are exposed to has not escalated to the justice or care and protection system. There are few services in place to mitigate the life-long impacts exposure to violence has on child wellbeing. 13 Family and sexual violence cost New Zealand between $4 billion and $7 billion each year and place a...

3. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...applications involved a lot of clerical work. The staff did educate the clients in letters containing immigration advice, but they specifically 7 mentioned that the advice was provided by the licensed adviser. There might have been some careless instances in a few messages but these were all inadvertent. Mr Ahmed sent with his letter a table identifying the various steps in a residence process, stating whether it was performed by an employee or the adviser and therefore cate...

4. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...lawyer to represent Mr Te Wini in proceedings brought by the Department of Child, Youth and Family Services (CYFS) under the Children, Young Persons, and Their Families Act 1989. The Department sought a declaration that Mr Te Wini was in need of care or protection, a psychological assessment and an interim support order. Mr Te Wini was then ten years of age (his date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoi...

5. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...(a) as a result of the partition order the applicants and their whānau have been excluded from all Runanga 2E Trust activities because they are not listed as beneficial owners in Runanga 2E block; (b) the Court failed to discharge its duty of care to the applicants in respect of the partition order when creating the new title containing an area of 386.2110 ha (being Runanga 2F) and amending the partition order of 13 February 1986 when deleting the area shown as 576.1967 ha and r...

6. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...developed these assertions with reference to previous decisions of this Court, particularly those which emphasise it is not desirable to define disparity exhaustively, because whether any asserted disparity could impugn a dismissal would involve a careful analysis of all relevant facts and circumstances. Strike-out principles [19] The following strike-out principles can be taken from the Court of Appeal’s judgment in Attorney-General v Prince: 5 (a) Pleaded facts, whether...

7. Duncan John Napier v The Registrar of the Real Estate Agents Authority [2017] NZREADT 64 [pdf, 245 KB]

   ...judgments against you in any court? to which Mr Napier responded: I have had a judgment against me on a civil matter relating to a business that I was a director and shareholder trustee in for the period 2005 to 2012 prior to my real estate career. I am appealing the judgment with a reference CA647/2015 which will be heard at the end of this year. It is a civil matter and no police involvement has occurred. [14] The Registrar obtained a copy of the High Court judgment. In he...

8. [2020] NZREADT 38 - Barfoot v Real Estate Agents Authority (26 August 2020) [pdf, 285 KB]

   ...as he accepts through his counsel Mr Rea, responsible for supervision of Ms Feng and Mr Dunne under section 50 of the Act. [3] Ms Feng and Mr Dunne were found to have breached various of the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The matter was the subject of a complaint that was made in regard to Mr Dunne following errors being made in the description of a residential property which he was marketing. The errors related to the des...

9. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...correct approach to the construction of strike notices. An important decision is Secretary for Justice v New Zealand Public Service Assoc Inc. In that judgment, Cooke P (as he then was) stated: 5 The purpose of the notice requirement is to protect the public interest as far as reasonably possible. The services listed in the Act include the supply of water, electricity, medicines, petroleum, sewage disposal, fire brigade work, sea and air transport, ambulances and hospitals....

10. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

    ...decisions concerning his client’s welfare; and (gg) failed to promote conciliation when he was required to do so; and (hh) spent twenty months attacking the complainants; and (ii) spent twenty months advocating for Dr CK, when his role was to protect Mrs OF’s interests; and (jj) failed to instruct appropriate people to conduct necessary medical examinations. [17] By way of outcome, the complainants sought: (a) a determination that there had been unsatisfactory conduct on the...