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1. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...(dated 8 September 2020) in the Tribunal, with supporting documents. It alleges Mr Yong was negligent, a ground of complaint under the Act, or alternatively breached cls 1, 2(a), 2(e) and 3(c) of the Code by: (1) failing to conduct himself with due care in not personally engaging with the client; and 6 (2) failing to conduct himself with due care by maintaining business practices whereby he relied on unlicensed individuals, Mr P and Ms U, to provide immigration advice. J...

2. ENV-2016-AKL-000xxx Zakara Investments Limited v Auckland Council [pdf, 23 MB]

   ...decision that Zakara is appealing is the Council’s decision to reject the Panel’s recommendations in relation to Hearing Topics 011 (Rural environment) and 064 (Subdivision – rural) relating to in-situ and transferable rural site subdivision for protection of indigenous vegetation and wetlands, or for indigenous revegetation planting. In particular, the Council’s decision to amend the following provisions of the Proposed Plan: 6.1 B9. Toitū te tuawhenua- Rural environment: (...

3. ND v SE LCRO 197/12 (24 June 2015) [pdf, 167 KB]

   ...[40]-[41]. 4 Discussion Breach of Rule 3.4 - Written Information [15] Mr ND says Ms SE did not provide him with written information in accordance with rule 3.4, of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and refers to detailed discussions he had with her regarding her fees and how she would charge for the services she would provide to him. [16] Ms SE accepts that she did not comply with rule 3.4 by promptly providing the w...

4. Duncan Webb "Unsatisfactory Conduct" (September 2008) [pdf, 98 KB]

   ...own rules to make compensatory orders where “it appears to the Standards Committee that any person has suffered loss by reason of any act or omission”. This appears therefore that the appropriate standard will mirror the contract / tort duty of care (which is itself found in consumer legislation, see for example s 28 of the Consumer Guarantees Act 1993). The upshot of this is that orders may be made by the professional body for wrongs which were not previously considered professional...

5. Making Aotearoa Safer and more Inclusive Summary of engagement [pdf, 1.4 MB]

   ...the term “social cohesion” adequately captured or reflected the Government's intent to create a safer and more inclusive Aotearoa. Communities articulated a safe and inclusive Aotearoa is a place where culture is valued, celebrated and protected. Other essential features include communities living harmoniously side by side, opportunities for all, equitable outcomes and trust in public institutions. Education is the key to social cohesion. Communities consider education at a...

6. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   ...not deliver those services directly. Rather it contracted with home-based educators, including the plaintiff, for the delivery of those services in an educator’s own home. [2] The plaintiff is a registered Early Childhood Teacher. She was caring for young children between 0 and 6 years of age in her own home pursuant to her August 2019 contract with Tall Poppies (and separate contracts between the plaintiff and fee-paying parents/caregivers). [3] Tall Poppies suspended its...

7. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   ...Trustees – Owners - Fourth Respondents 53 9. Liability: Grant Williams – Second Respondent 57 10. Liability: Anthony G Smits – Fifth Respondent 57 11. Liability: F J Murphy and P Murphy – Sixth and Seventh Respondents 60 Is there a Duty of Care in this Case? 66 Application of Duty 70 Cladding to Paved Decks and Ground Level 72 Liability Outcome 72 12. Liability – Eighth Respondent – Plaster Systems Limited – Duraplast Supplier 74 13. Liability – North Shore City Co...

8. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions. Criminal P...

9. Family Court rewrite submission: Northern Specialist Report Writers [pdf, 495 KB]

   ...This is already apparent, as there many unallocated reports across NZ, with a major shortage of report writers in the South Island. Specialist report writers in the Family Court work from a private practice. They generally work under s133 of the Care of Children Act (CoCA) or s178 Of the Oranga Tamariki Act and Children and Young Person’s Well-being Act (1989). There are also appointments under the Protection of Personal Property Act and the Hague Convention but these are less f...

10. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

    ...(c) The complete absence of any attention by Mr Hong to his professional responsibilities including: (i) his apparent lack of awareness that he was even facing any professional issues at all; (ii) the abandonment of basic notions of client protection; and (iii) his lack of awareness about the need for his clients to be independently advised. 3 Factual Background [4] From 2001 until 2010 Mr Hong was Mr K’s lawyer acting for him personally and for his business inter...