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1. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...the late 1990s and early 2000s. [20] He gained his law degree in 2003 and has since completed post-graduate papers towards an LLM. Unfortunately in 2010 he and his wife separated and there were somewhat acrimonious proceedings relating to the care arrangements for their children. These proceedings occurred during the time that the conduct in question arose. [21] Mr Hylan has provided medical evidence from his doctor and from his counsel in the Family Court proceedings attesting...

2. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...Mr HV could have increased his fee beyond time/hourly rate on that basis. [38] Although the complainants wanted to make a final distribution as soon as possible, there were good reasons not to rush to that point. Mr SN referred to the statutory protection afforded to trustees by delaying 6 months before finally distributing an estate. Given the risk to the complainants in distributing the estate too quickly, although timeliness was important, there was no real urgency in the matter,9 a...

3. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 63 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act OHAU PROTECTION SOCIETY INCORPORATED (ENV-2018-CHC-005) Appe"ant WAITAKI DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 8 April 2019 Date of Issue: 8 April 2019 DECISION OF THE ENVIR...

4. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...example, by increasing the age of consent for sibling incest to 20 from 16, one increases the likelihood of true consent, and thereby casts further doubt on the need for a prohibition above that age. 15. Against this background it is necessary to look carefully to see whether there is a justified reason for maintaining and indeed expanding the prohibition. On balance, we have concluded that it lies in a rationale advanced by Jennifer Temkin in the article cited above. If one accepts tha...

5. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...that the case called for a deterrent penalty when regard was had to the serious consequences that flowed from the respondent’s failure and in order to meet the legislative requirements for the maintenance of professional standards and consumer protection. [6] Counsel further submitted that the penalty imposed ought to serve as a reminder to all practitioners that the consequences of failing in one’s discovery duties can be far-reaching. It was said practitioners must be proacti...

6. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

   ...support of the submission. [20] Mr van Zyl produced a written statement in which he explained: [20.1] At the time, he genuinely believed he was complying with the requirements. [20.2] He approached the role he had in reviewing the application with care and professionalism. [20.3] Mr K was highly educated, and Mr van Zyl believed he would have the skills to ensure the information he supplied was accurate. Accordingly, the lack of personal contact to emphasise these issues would not h...

7. RK v LP LCRO 292 / 2011 (1 October 2012) [pdf, 70 KB]

   ...position: a. This is a commercial matter; b. The Practitioner was entitled to take a position on behalf of his client; c. The Practitioner was at all times acting on the instructions of his client; d. The Practitioner does not owe any duty of care to the Applicant; e. The franchise agreement required the franchisee to grant a general release on the transfer of the business (in clause 18.11); f. The Applicant was separately advised; g. There was no undue pressure to sign the t...

8. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 181 [pdf, 244 KB]

   ...Corporation has received all information necessary to enable it to calculate and make the payment. Again, at least eight Judgments have considered and ruled on this issue. [21] As to d, Judge Spiller reached his conclusions after demonstrably careful and painstaking analysis. This ground is without foundation. [22] Measured against the criteria set out in O’Neill,5 therefore, none of the applicant’s questions of law are capable of bona fide and serious argument. [23] And as...

9. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...at the conclusion of the High Court appeal (unless the decision ordered otherwise). In addition, Mr IR was to execute an agreement to mortgage the property to ACZ (Mr SF’s firm) together with a Power of Attorney. A caveat was to be lodged to protect the agreement to mortgage. The purpose of this documentation was to enable ACZ to call on the undrawn portion of the new TSB loan to enable the costs of $9,000 (and any further costs) to be paid to Ms IS. [16] In addition, Ms IS was...

10. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [pdf, 259 KB]

    ...person; and 1.2 failing to personally obtain and carry out the client’s informed instructions. 11 2 Alternatively, the adviser breached the Code by – 2.1 acting in an unprofessional manner and failing to exercise diligence and due care in relying on an unlicensed person to communicate with the client, in breach of cl 1; 2.2 failing to obtain and carry out the client’s informed instructions, in breach of cl 2(e); and 2.3 facilitating the provision of immigration advi...