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1. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 81 KB]

   ...Parlane was found guilty in respect of conduct involving disrespectful and discourteous comments to a self-represented person in a fencing dispute with a person represented by Mr Parlane. The conduct breached Rule 12 of the Conduct and Client Care Rules 2008. Penalty Issues [7] For the Standards Committee, which assumed responsibility for disciplinary matters from the Complaints Committee of the Waikato Bay of Plenty District Law Society under the Lawyers and Conv...

2. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 110 KB]

   ...Parlane was found guilty in respect of conduct involving disrespectful and discourteous comments to a self-represented person in a fencing dispute with a person represented by Mr Parlane. The conduct breached Rule 12 of the Conduct and Client Care Rules 2008. Penalty Issues [7] For the Standards Committee, which assumed responsibility for disciplinary matters from the Complaints Committee of the Waikato Bay of Plenty District Law Society under the Lawyers and Conv...

3. BORA Coroners Amendment Bill [pdf, 297 KB]

   ...into question in an inquiry by requiring the coroner to notify them of their right to be represented, and to cross-examine witnesses, at an inquest. 5. The Bill will remove the requirement for a mandatory inquest into deaths in official custody or care, and clarifies a person may report a death that occurred overseas if the body is in New Zealand and the person has concerns about how overseas authorities responded to the death, but that there is no requirement to do so. 6. The Bill pr...

4. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

   ...into question in any Court. 6. Judicial review is an essential mechanism for maintaining the rule of law. The right to apply for judicial review should therefore be limited only in the rarest of situations where there is compelling reason and after careful consideration. 7. We have also taken into account the extraordinary circumstances the Bill seeks to address and the safeguards included in the Bill. 8. In our view, the justifications for the limit imposed on the right to judicial r...

5. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...paint began to peel. THE ASSESSOR’S REPORT [17] The claimants lodged a claim with the WHRS on 21 April 2008. [18] The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrade – no protective flashings or slope – in variance with specifications and plans. 15...

6. BORA Public Health Bill [pdf, 617 KB]

   ...of the issues raised under the Bill of Rights Act and notes, where relevant, the justificatory material in each instance. SUMMARY OF THE BILL OF RIGHTS ACT ISSUES 6. The Bill updates the public health legislative regime to improve, promote and protect public health and help attain optimal and equitable health outcomes for all population groups in New Zealand. Section 8 – Right not to be deprived of life 7. The Bill sets out the powers and procedures for setting priorities and c...

7. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...information. [2] The Registrar raised three potential grounds of complaint: [2.1] Mr Dhar did not have a written agreement for providing the professional services; [2.2] He did not prepare the work and residence visa applications with adequate care; and [2.3] He did not keep proper records. [3] Mr Dhar did not dispute the essential facts. However, he said the complainant was not a client so he did not need a written agreement, he did take care with the applications and some of...

8. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...including a share sale and purchase agreement together with his resignation as a director and other incidental documents. All documents had been prepared by Dr Bunbury. Mr UY did not sign these as he was concerned that they did not adequately protect his position or provide appropriate indemnities from Messrs VC and UZ. [15] Early in the new year, Mr VC withdrew from negotiations and Mr UZ proposed that Mr VB would then take over the company. By that stage, Mr UZ had informed Mr...

9. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...graphic detail a wide range of injuries that this three-year-old boy suffered. The injuries are horrific, the child has suffered considerably and eventually the child has died as a result of the injuries received. (b) A man and a woman acting as caregivers were charged with very serious crimes for ill­ treating this child including murder. They have now pleaded guilty to manslaughter and ill-treating a child. They have been remanded in custody and will appear for sentencing on June 27...

10. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

    ...determination, has been to: (a) Consider all of the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Analysis [24] Mr KL filed written submissions at hearing, and carefully took me through each of the submissions. [25] Before addressing those submissions, I turn briefly to aspects of the Committee decision, and the conduct rules engaged by this review. [26] Careful reading of that decision give...