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1. Franklin v CAC 20005 & Bailey [2013] NZREADT 77 [pdf, 51 KB]

   ...occasion I am putting a line in the sand as it caused an avoidable quantifiable monetary loss to my client. When representing a client’s interest in a property purchaser transaction, my quintessential role is to exercise my fiduciary obligation to protect their personal circumstances, protect them from themselves by shielding their emotion from the selling party and to maximise their equity in a property purchase by paying the least amount possible at the time of settlement. Had the...

2. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

   ...assessor’s report, the signed witness statements, and the documentary evidence that has been filed. [5] The issues that I need to address are: i. What were the defects which caused water ingress? ii. Did the Urlichs breach the duty of care they owed Mr Han and Mrs Woo as the developers of the property? iii. Did the claimants contribute to their loss? iv. What is the appropriate cost of the remedial work? v. What is the correct apportionment of contribution between...

3. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...the disciplinary procedures under the Act is to ensure compliance by solicitors and barristers with appropriate and required standards of conduct; Chow v Canterbury District Law Society [2006] 2 NZAR 160 at [18]. By this means the public is protected and the standing of the profession maintained.” [6] To which end, the Tribunal reminds itself that the balance of probabilities applies but on a sliding scale. The more serious the charge and the potential outcome, the greater...

4. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-100-000053 [2010] NZWHT AUCKLAND 10 BETWEEN CHARLES and HELEN MARIE ROOS Claimants AND THOMAS GANG WANG First Respondent AND FU HAO CONSTRUCTION LIMITED Second Respondent AND ADRIAN ROSS KIFF Third Respondent AND BAYS HOUSE INSPECTION SERVICES LIMITED Fourth Respondent Hearing: 2 February 2010 Final Submissions received: 26 February 2010 Appearances: Ms L Gerrard, Counsel for the Claimants. Mr

5. International Covenant on Civil and Political Rights - summary record 3rd report (continued) [pdf, 40 KB]

   ...social deviancy, or the type of victim involved. The Court of Appeal had held that proof beyond a reasonable doubt was not required when determining the likelihood of recidivism in such cases; the court had only to deem the sentence expedient for the protection of the public. 23. With regard to section II (d), 48 of the 60 recommendations made by the independent commission of inquiry set up by the Government to investigate the practices at Mangaroa prison (para. 62) had been implemented, and t...

6. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...within this contextual landscape and remains as the most significant settlement and active recreational/tourist resource in the Hauraki Gulf. 8 37. Importantly, as the ‘gateway’ to Waiheke Island, in my view, Matiatia needs to be protected as the most critical entry landscape ‘brand’ in the inner Gulf Island playground. THE WESTERN ENTRANCE HEADLAND AND MATIATIA 38. My evidence now focusses on Matiatia Bay and the important contextual landscape in which it i...

7. Discussion paper - Re-evaluation of Human Rights protections [pdf, 534 KB]

   Ministry of Justice Te Manatu Ture Discussion Paper Re-evaluation of the Human Rights Protections in New Zealand RE-EVALUATION OF THE HUMAN RIGHTS PROTECTIONS IN NEW ZEALAND REPORT FOR THE ASSOCIATE MINISTER OF JUSTICE AND ATTORNEY-GENERAL HON. MARGARET WILSON 3 DISCLAIMER The Ministerial Re-evaluation of Human Rights Protections in New Zealand was written by an independent evaluation team for the Minister of Justice. The views expressed in it are those of the independent evalua...

8. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   BEFORETHEE~ONMENTCOURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC 218 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf BY W AIHEKE MARINAS LIMITED ("WML") (ENV -2014-AKL-OOO 174) Applicant at Auckland in the weeks of 6, 13,20 and 27 October 2014 and

9. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...paid it into a trust account, as she has since accepted she should have done. By thwarting the operation of Regulation 9, Ms DA cannot be said to have breached it. While that is a logical outcome, it is not satisfactory in that it side-steps the protections Regulation 9 provides to lawyers’ clients. [77] The Committee was also correct to find that Ms DA had breached Regulation 10, which makes provision for fees and disbursements to be paid in advance of a practitioner renderin...

10. UW v NG LCRO 152/2012 (27 October 2015) [pdf, 53 KB]

    ...that: i. It was Ms OL who briefed [NG Law Firm] regarding the sale of her parents’ house. ii. This was done for Ms OL to gain a financial interest or possible financial benefit when the parents’ house was sold. d. That Mr NG failed to protect the interests of his elderly clients, being a breach of the client care rules. e. That Mr AB had limited understanding of English, and was not financially savvy. f. That Mr NG failed to protect the interests of his clients, by...