Search Results

1. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Standards Committee decision dated 30 June 2021 at [10]. 5 [32] In deciding to take no further action on Mr TH’s complaint, the Committee held:3 (a) Mr QA was not Mr TH’s lawyer. (b) The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) have minimal application to the relationship between a lawyer and a third party, such as here. (c) Mr TH’s allegations about Mr QA’s are serious and concern a matter that has been brought before the...

2. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...MB 116 (1 AP 116) at [9], Hoko – Papamoa 2A1 at [18] and Craig v Kira – Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 at [24]. In short, such an approach subverts the 8 Taitokerau MB 223 kaupapa of the 1993 Act and undermines the protection of the preferred classes of alienees under s 147A. [35] Craig – Wainui 2F4D is the leading authority in this area. The Court discussed the exercise of discretion and the principles that apply in some detail (paragraphs 12 to 30)...

3. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...occurring above 500 feet, including: (i) Cumulatively with the effects of other existing or permitted helicopter activities above 500 feet? And (ii) Having regard to the objectives and policies of the relevant plan including those that seek to protect and maintain rural amenity. Submissions on behalf of the appellant (5] In a nutshell, the preliminary legal issue determines whether the effect of noise from a helicopter flying overhead above 500 feet (ft) is amenable to control u...

4. AD v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 118 [pdf, 201 KB]

   ...applies (in accordance with sections 208 to 2011) where it expressly differs from what is otherwise provided for in the Accident Compensation Act 2001 (the Act). 3.2 Otherwise, the Policy applies subject to and in accordance with the Act. … 4 Care and recovery 4.1 If you suffer an incapacity resulting from a personal injury during the period of the Policy and you have cover for that personal injury, your weekly compensation payments will start seven days after your incapaci...

5. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...Sentencing 2 [3] There are four matters to consider when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. [4] A penalty must fulfil the following functions. They are: [a] Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. [b] Maintenance of professional standards This was emphasised in Taylor v The General Medical Council1 and Dentice...

6. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...acknowledges that he told the McCarthy’s that one of the neighbouring properties was owned by the Mine, but denies any other representations. [8] His evidence to the Tribunal is that Mr and Mrs McCarthy did not accept his advice to have the usual protections in the agreement – LIM, a due diligence clause and a solicitors approval clause. He says they were keen to buy the property and they wished to dispense with these requirements. Mr and Mrs McCarthy essentially agreed that they d...

7. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...~'\\"> -,! CaURi O~/ '''-~"""",""=<".....-.,,p., .. 4 that a positive benefit can over-ride any proven adverse effect of a proposal on the environment? The lawyers will understand the need for careful legal submissions. [15] With that said, the applicant is to advise whether the wind record is to be disclosed, subject to appropriate confidentiality orders. Construction of the accessway [16] The applicant proposes...

8. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

   ...conduct against lawyer CE (the Practitioner) by reason of his failing to have provided his client, DT (the Respondent), with information in keeping with his obligations under Chapter 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). This concerned his failure to have provided the Respondent with a Letter of Engagement. The Practitioner is a barrister, and considered himself exempt from this obligation but in the Committee’s view, th...

9. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...instructions to contact his former partner’s lawyer. This nuanced approach reflected a strategic decision to acknowledge the application without committing to a detailed response to it, while still ensuring that preliminary measures were taken to protect Mr VG’s interests. [65] When it became apparent that Mr VG would need to file a response to the application filed in the Family Court, he endeavoured to attend to that himself. [66] His attempts to do so were unsuccessful. [67] A...

10. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

    ...jurisdiction, which is in addition to specific jurisdictions conferred elsewhere in the Act. In para (a) of subs (1) the Court is empowered to determine claims at law or in equity relating to Maori freehold land and the proceeds of its alienation… The care with which this jurisdiction has been confined to Maori freehold land is to be contrasted with the wider equitable jurisdiction said to exist under para (i). [21] These observations have been cited with authority by a number of s...