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1. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [pdf, 239 KB]

   ...that Ms RE sent in the course of the transaction, with the approval by Mr HC as to its contents and addressees. [6] The addressees included Mr DL’s vendor client and the real estate agents. [7] Mr DL complained that the email had breached rr 10.1 and 10.2 of the Lawyers & Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).1 [8] Mr HC prepared and made the cases for himself and Ms RE in response to the complaint. The decision of the Standards Commit...

2. IM v KZ [2021] NZDT 1627 (9 July 2021) [pdf, 241 KB]

   ...founded on contract or quasi-contract (quasi-contract arises where one person has been unjustly enriched at the expense of another, and restitution is appropriate), or in tort (a tort being a civil wrong) in respect of loss of, or damage to, property (s10(1) of the DT Act). The Tribunal also has jurisdiction conferred on it by the statutes set out in Part 2 of Schedule 1 to the DT Act (s10(2) of the DT Act). The Employment Relations Act 2000 (“the ERA”) is not listed in Part 2 of Sch...

3. DV v WE LCRO 172 / 2010 (17 August 2011) [pdf, 64 KB]

   ...malice and I cannot see how a defence of fair comment, honest opinion or truth could possibly be raised. (DW & others against WE and BK) WD CIV 2010-004-XXXX at para 4). [12] By any measure the comments would seem to offend against Rules 10 and 10.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Client Care Rules) which requires that “a lawyer must treat other lawyers with respect and courtesy”. [13] Although the Respondent was named as...

4. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 24 KB]

   SUMMARY Case: River Oaks Farm Ltd & Ors v Olsson & Ors (Ingodwe Trust) File No: TRI 2008-101-000052/DBH 05463 Court: WHT Adjudicator: CB Ruthe Date of Decision: 5 August 2009 Background The claimants are the trustees of the Ingodwe Trust that owns the subject property. About a year after the property was purchased, the claimants noticed a leak. The first WHRS assessor's report was completed in 2005 indicating minor problems with remedial work estimated at $1...

5. Cousins v Plaster Systems Ltd [pdf, 31 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL CLAIM NO. TRI-2008-101-000107 BETWEEN BLAIR COUSINS Claimants AND PLASTER SYSTEMS LTD First Respondent AND INVERCARGILL CITY COUNCIL Second Respondent AND WESNEY & DUFFY LTD NOW OMEGA ALUMINIUM SOUTHLAND LTD Third Respondent PROCEDURAL ORDER 3 Dated 23 January 2009 Background 1. The first respondent is a supplier, inter alia, of a cladding product being the “Insulclad�...

6. Apply for a review

   ...parts of the decision you’re asking the Authority to review. You can ask for a review of the Secretary for Justice’s decision about: declining your application for approval imposing conditions on your approval imposing interim restrictions under s101 of the Legal Services Act imposing sanctions under s102 of the Legal Services Act cancelling your approval. You should send us documents to support your application but you can’t send us any information that was not given to the Secretary f...

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7. Nuku v Hawea - Poukawa 13B (2011) 11 Takitimu MB 141 (11 TKT 141) [pdf, 50 KB]

   ...[3] I have now received advice from the case manager that by correspondence dated 9 and 14 September 2011 the Māori Trustee confirms the result of the ballot as follows: (a) should the trust the pay the costs awarded against the trustees: 101 votes in favour 108 against; (b) should the trust use the owners’ dividends in payment of the costs: 39 votes in favour 144 votes against. [4] The Māori Trustee also confirms that forms were sent to 737 owners for whom the Māori Tr...

8. Electoral (Integrity) Amendment Bill - 7 Dec 2017 Cabinet minute [pdf, 136 KB]

   ...D E N C E 35exik0jvt 2017-12-07 16:07:54 I N C O N F I D E N C E LEG-17-MIN-0155 Revised 9 agreed that the Bill be introduced on the first available date after Cabinet’s approval; 10 agreed that the Government propose that the Bill be: 10.1 referred to the Justice Select Committee for consideration; 10.2 enacted by 30 June 2018. Vivien Meek Committee Secretary Secretary’s note: This minute has been reissued to amend the text of the recommendations. Present: Officials prese...

9. Waikato Bay of Plenty Standards Committee No 2 v X [2010] NZLCDT 14 [pdf, 115 KB]

   ...type of charge available under the Law Practitioners Act, nor any penalty regime, other than as contained in s.114, which has significant penalties appropriate only to serious misconduct. 3 Section 101(1) and (2) Law Practitioners Act 1982 4 Section 101(2)(b) Law Practitioners Act 1982 5 Section 114(1) Law Practitioners Act 1982 7 [23] We have also considered what is meant by “proceedings” being “commenced” in Secti...

10. [2021] NZEmpC 206 E Tu Inc v Carter Holt Harvey LVL Ltd [pdf, 189 KB]

    ...determined on the particular circumstances of the case. 1 E Tū Inc v Carter Holt Harvey LVL Ltd [2021] NZERA 366 (Member Arthur). 2 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (No 3) [2018] NZEmpC 101 at [6]−[8]. [9] I am satisfied that this is indeed a case where it is appropriate to grant both applications. I accordingly order that both BusinessNZ and NZCTU have leave to intervene. They may file and lead evidence only wi...