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1. [2018] NZLCDT 18 National Standards Committee v Shi [pdf, 271 KB]

   ...practitioner”), of Auckland, pursuant to s 241(a) of the Lawyers and Conveyancers Act 2006, with misconduct. Particulars: [redacted]. [13] Counsel for the practitioner did not object to the filing of a further charge subject to his being permitted to make the submission that it might represent duplication. [14] Counsel for the Standards Committee referred the Tribunal to the straight definition of misconduct under s 241(a), which is contained in s 7 of the Act. Counsel rel...

2. Joint Protocol Ministry of Justice and Department of Child, Youth and Family [pdf, 79 KB]

   ...and where a proper interest has been established. (iv) Other relevant search provisions are rule 95 of the Domestic Violence Rules and s 23 of the Adoption Act 1955. Criminal proceedings (i) Section 71 of the Summary Proceedings Act permits a certified copy of convictions to be provided to any person with a genuine or proper interest in respect of summary criminal proceedings in the District Court. (ii) The Criminal Proceedings (Access to Court Documents) Rules 2009 go...

3. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) [pdf, 124 KB]

   ...casual jobs have also been created due to this investment. 57. Short terms associated with water consents will compromise the values of vineyards and make development of additional productive area prohibitive. The costs of securing the short term permits are rapidly escalating and will redirect money to funding these applications rather than developing more productive land. 58. Water is applied in a very effective and efficient manner in accordance with industry best practice. Add...

4. Romford v Marlborough LCRO 123 / 2009 (15 December 2009) [pdf, 95 KB]

   ...the duty of confidence in Rules 8.2 and 8.4. However, I do not consider that any of those exceptions applies here. Had Mr Marlborough believed that he was at risk then it would have been appropriate to disclose that on the basis of r 8.2(b) which permits disclosure if “the lawyer reasonably believes that disclosure is necessary to prevent a serious risk to the health or safety of any person”. [40] I also recognise that it is proper to be open to other exceptions to the duty of...

5. LCRO 216/2020 YH v DP (29 July 2021) [pdf, 176 KB]

   ...mother’s law firm XYZ]. The Committee was of the view that while Mr DP’s fees were high, that was not a reason, in and of itself, to declare special circumstances. [27] The Committee correctly identified that only “special circumstances” permit assessment of fees issued more than two years prior to a complaint being lodged. It also correctly stated that “special circumstances must be abnormal, uncommon, or out of the ordinary.”4 [28] However, I have some difficulty dis...

6. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...responsible trustees. If they are not going to work the land themselves as lessees through their trust, then that concern would no longer exist. As foreshadowed, while I acknowledge that the standard wide powers trust orders used in this district permits the awarding of contracts to trustees or their immediate whānau, provided the intent of s227A of the Act is adhered to rigidly, as set out in Fenwick v Naera, Clarke v Karaitiana is good authority for the rule that where conflicts...

7. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...Appeal in Chief Executive, Unitec Institute of Technology v Tertiary Education Union.6 That decision considered the effect of s 43 of the Act, where there is a negative ballot of union members. It held that where that occurs, the parties are not permitted to continue bargaining. [29] The Court went on to comment on the dicta of the Service and Food Workers case relied on by the defendants. It said:7 6 Chief Executive, Unitec Institute of Technology v Tertiary Education Union...

8. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...patient from communicating adequately. 23. Once a compulsory treatment certificate has been signed clause 56 also entitles every patient to obtain a second opinion about their condition. If the approved specialist agrees to a consultation, they must be permitted access to the patient. We note that no such entitlement to a second opinion is explicitly stated in the process leading to a compulsory treatment certificate being signed. This means that arguably there is no mechanism to seek in...

9. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   ...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal...

10. Witana v Cutforth - Kohewhata 27C2A (2021) 238 Taitokerau MB 150 (238 TTK 150) [pdf, 285 KB]

    ...Global Natural Resources Plc [1984] 1 All ER 225 (CA). 238 Taitokerau MB 159 (b) The project cherrypicked the group of land-owners; (c) There was no open and transparent process; (d) The other trustees were aware of Dr Robust’s conflict and permitted him to participate; and (e) The trustees are not making the best decisions for the beneficiaries on issues that include this project. [40] These matters were not pleaded as grounds relied on in the application seeking an in...