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1. LCRO 224/2018 (31 October 2019) [pdf, 194 KB]

   ...way”. [27] He says Mr UD’s “communication was becoming less and less frequent”, and it would have “saved [Mr TA] several months” had Mr UD “been direct and upfront” about being unable to continue to act for him. 3 Rule 4.2(c) permits a lawyer not to complete the regulated services under a retainer if: "the lawyer terminates the retainer for good cause and after giving reasonable notice to the client specifying the grounds for termination". 5 (1)...

2. Patel v Dean [2020] NZHRRT 37 [pdf, 237 KB]

   ...that Mr Patel already had some of the documents) have already been addressed and are in any event not relevant. The reference in s 66(2)(b) to “proper basis” is a cross-reference to s 30 of the Act which states that no reason other than those permitted by ss 27 to 29 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297080#DLM297080 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297092#DLM297092 http://www.legislation.govt.nz/act/pub...

3. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...worked, her advice would still have spared him from an overpayment, had his post- incapacity hourly rate remained the same as his pre-incapacity hourly rate. [45] The evidence is clear, Mr Haugh was concerned from the outset about what he was permitted to do so that his weekly compensation was not affected, and he engaged with his case manager on this question. The early emails place importance on the hours of work not exceeding the 10 hour mark. The evidence shows the numerous q...

4. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...interference with Mr Tamplin’s privacy. Dr Boizard acknowledges providing information about Mr Tamplin to Mr Guest and Mr Cullen but submits that he did so lawfully after checking the accuracy of the information and he submits that the disclosure was permitted in accordance with Health Information Privacy Code (HIPC), rr 11(1)(a)(ii) and 11(1)(c). [4] While Mr Tamplin’s claim referred to IPPs 8 and 11, it was agreed at the hearing that as the HIPC had application to the facts, the...

5. Molenaar v CAC 10066 & MacDonald & Newman [2012] NZREADT 74 [pdf, 79 KB]

   ...places”. The Complainant sates she has had to have a builder install support beams on the fireplace surround and states in her complaint that this was necessary to stabilise the floor with sufficient support to comply with installation of the permitted fireplace. The Complainant further alleges that she had asked the Licensee about wires hanging under the house and the Licensee 4 assured her that the wires were safe. However, an electrician had told the Complainant that tw...

6. Searancke - Part Pouawa 1 Subdivision 3 of Lot 2 Section 7 and Section 2-3 (2006) 164 Gisborne MB 247 (164 GIS 247) [pdf, 1.1 MB]

   ...n1illion. [5] The land is adjacent to State High\vay 35 and is north-east of Gisborne at the spectacular lIIakarori beach - a popular spot in surfing circles for its consistent wave action. The land is zoned rural residential with the follo\ving permitted uses: • Non-intensive farn1ing and accessory buildings; • Honle occupations; Minute Book: 164 GIS 249 • One dwelling unit, plus one self-contained unit on sites> 1 Ha; • Fann stays in a pern1itted dwelling. [6] T...

7. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...August 2011 should not proceed as it was not possible for the information technology experts to prepare a joint expert’s report; that Mr Kedzlie would not be able to participate in the concurrent giving of evidence at trial because he had not been permitted to inspect and analyse the defendant’s “SunSystem SQL” database; there had been non-disclosure of relevant documents; an adjournment would allow sufficient time for the Court to appoint two independent experts under the Hig...

8. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...and affairs” provided to or imparted to the lawyer by the person (r 8). The word “disclosure” is qualified by the words “in relation to a proposed retainer (whether or not a retainer eventuates)”. [85] There are both required, and permitted exceptions to the duty of confidence.23 (b) Discussion [86] Mr CS claims that Mr GB breached his duty of confidence owed to [Mr CS], first, by having Ms ON sit at the table during their meeting, and secondly, when [Mr GB] spoke to...

9. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...professional capacity or as part of being ʽin-tradeʼ. 14. Core principles of trust law still apply to commercial and financial trusts. The core principles of trust law are: 14.1. the settlor by words or actions identifies the beneficiaries, or permitted purpose; identifies the trust property; and indicates an intention to create a trust; 14.2. the fundamental duties of trustees, without which there is no trust, must apply; 14.3. liability for dishonesty or wilful misconduct cannot...

10. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

    ...terms of the settlement agreement reached at mediation; (b) he was dissatisfied with the legal advice he has received; (c) he did not agree to certain individuals being present at the mediation yet, despite his objections, those individuals were permitted to participate in the mediation; (d) he felt under pressure to settle the matter and request made of Mr VX to ensure that there was sufficient time available to consider the implications of the agreement was ignored; (e) Mr...