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1. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...1 NZLR 1. 3 [6] In the decision of Auckland Standards Committee 1 v Fendall3 the High Court, referring to disciplinary proceedings against a lawyer stated: “The predominant purposes are to advance the public interest, which includes protection of the public, to maintain professional standards, to impose sanctions on a practitioner for breach of his or her duties, and to provide scope for rehabilitation in appropriate cases.” [7] We note further, that the maintenance of p...

2. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...out of her employment through a purported restructuring because she had raised concerns about BNZ. She says that BNZ’s process started after she raised those concerns between March and May 2016. She says that she raised her concerns through a protected disclosure under the Protected Disclosure Act 2000. [4] Ms Bowen’s employment terminated ostensibly for redundancy in July 2018. [5] BNZ says that the redundancy process was fair and genuine and that there was no unjustifiab...

3. LCRO 116/2015 QO v Standards Committee (14 June 2018) [pdf, 208 KB]

   ...QO has applied for a review of a decision by the [Area] Standards Committee (the Committee). [2] The Committee found that Ms QO had failed to administer her practice in a manner that ensured she adhered to the duty she owed to her clients to protect information that was confidential to them. The Committee determined there had been unsatisfactory conduct on Ms QO’s part pursuant to the statutory definitions in s 12(a) and (c) of the Lawyers and Conveyancers Act 2006 (the Act)....

4. Tidmarsh v Glover [pdf, 271 KB]

   ...$3,500.00. CAUSES OF ACTION [33] Those who design, build, develop, inspect or sell leaky buildings may be liable to owners of those buildings for breach of contract and/or alternatively, in tort for negligence for breach of the duty of care. The CLAIM NO.01086 – TIDMARSH DETERMINATION.doc 11 contractual liability may arise out of a building contract and/or from warranties contained in a Sale and Purchase Agreement. [34] Owners may claim against all the various resp...

5. Domestic violence legislation & child access in New Zealand [pdf, 1018 KB]

   ...Ministry of Justice PO Box 180 Wellington New Zealand  Crown Copyright ISBN 0-478-20141-9 iii Foreword While it is important that children maintain a relationship with both parents after separation, they are entitled to be protected from direct physical harm and from the harm that results from witnessing violence within the family. Under legislation introduced in New Zealand in 1995 the Family Court was given new powers to order, where the non-custodial pare...

6. Your guide to legal aid [pdf, 774 KB]

   ...right to: • talk to a lawyer • see a ‘nominated adult’ – either a parent or another adult of your choice. You have the right to talk privately with the lawyer and with the nominated adult. The police must also contact your parents or caregivers to tell them that you are being questioned or have been arrested. 5 Help on your first day at court when you have been charged with an offence A duty lawyer is a free lawyer available at the courts. A duty lawyer can help you i...

7. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...Conclusion [90] APPLICATION OF THE LAW TO THE FACTS [94] Introduction [94] Delay [97] Health issues [104] Reputation and standing [106] Prior publication [118] The allegation that the breaches were not one-off events [124] Overall conclusion [131] Protection of the privacy interests of family members [137] Interim non-publication order pending possible appeal [138] COSTS [140] ORDERS [141] 2 INTRODUCTION [1] These proceedings under Part 4 of the Health and Disability Comm...

8. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...ISSUE A – Have the claimants proven their claim against Flora Creative Limited ........................................................................................................... 9 ISSUE B – Did Mr Paul Clarke personally owe a duty of care to the claimants to administer the day-to-day operations of Flora Creative in such a way as to ensure quality control of the construction of its houses? .............................. 11 ISSUE C – Did Mr Paul Clarke personally owe the...

9. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...review of the determination by [Area] Standards Committee that Mr CR’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 by reason of breaches of rules 2.3, 10 and 13.2 of the Conduct and Client Care Rules.1 [2] The Committee censured Mr CR, ordered him to pay $2,000 to Mr TN by way of compensation for emotional stress, imposed a fine of $2,000 and ordered him to pay $1,000 to New Zealand Law Society by way of costs. [3] Mr CR...

10. LCRO 189/2015 ZA v YB [pdf, 262 KB]

    ...(a) through Ms ZA, he engaged the firm to act for him and the vendor to advise on the validity of the agreement; and (b) despite having engaged the firm Ms ZA failed to provide him with a letter of engagement, terms of engagement, and client care information. [9] In support of his complaint he provided a detailed chronology and description of the interactions between him and Ms ZA for the period from 23 June 2014 to 1 September 2014. He states that he had two meetings with Ms Z...