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1. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...of his practising certificate. The New Zealand Law Society (Law Society) alleges that he was not approved to practise on his own account, and that in doing so he recklessly or wilfully breached provisions of the LCA1 or the Conduct and Client Care Rules made under the Act, (the Rules). In particular, s 9 of the LCA provides that it is misconduct for an employed lawyer (as opposed to a lawyer in practice on his or her own account) to provide regulated services to the public other t...

2. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...administering Mr B’s estate [46] As they relate to the issues now raised on review, the Committee identified the following issue for consideration:9 Whether Mr JB has breached [r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008] in: i. Generally administering the estate of the late [Mr B] in an incompetent manner and in breach of the duty to take reasonable care. 5 Standards Committee determinatio...

3. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...Hart to RI recommending civil proceedings against Doctors. First reference to ACC payout. January 2010 – preparation of draft Statement of Claim, claiming compensatory and exemplary damages. Cause of action expressed to be breach of duty of care. 6 April 2010 – Mr Hart advises RI that she needs to instruct lawyer with expertise in civil proceedings. Approaches LR 7 May 2010 – LR advises unable to accept instructions 21 October 2010 – Mr Hart advises a “number...

4. Theobald v Coulter [pdf, 170 KB]

   ...Claim No 0300-Theobald page 6 of 35 2 Other costs Scaffolding $ 1,500.00 Remove and replace downpipes 250.00 Protect gardens 250.00 Remove and replace shutters 200.00 Remove and replace fencing 150.00 Fit membrane to planter box 250.00 Replace rotten soffit to entry 1,500.00 Fla...

5. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...21 June 2022 Pirirākau lodges appeal against decision of HNZPT. The Statutory Framework [12] The purpose of the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA), as set out in s 3 of the Act, is: 7 to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand. [13] All persons performing functions and exercising powers under the Act must recognise the principles set out in s 4: (a) the principle that...

6. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

   ...Complaint filed in the Tribunal [32] The Registrar filed a statement of complaint (19 December 2022) in the Tribunal alleging against Ms Ramos: Negligence, or alternatively breaches of the specified clauses of the Code – (1) Failed to exercise due care in ensuring the residence application was lodged as instructed, in breach of cl 1. (2) Failed to exercise due care and diligence by not recognising that being unwell may impact the services provided to the complainant, in breach...

7. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...Diploma in Clinical Dental Technology (PGDipCDTech) (2012). Before setting up his present business (Dental Design Studio) Mr Zhou worked for TCB Dental Laboratory. [12] Dental technicians create and repair devices for the treatment, replacement and protection of damaged, badly positioned or missing teeth. They work from a mould of a client’s mouth made by a dentist or a clinical dental technician. A dental technician does not have clinical contact with the client. A clinical dental...

8. 02.-Evidence-of-Ms-Dianne-Rump-Muaupoko-Tribal-Authority64019775.1.PDF [PDF, 321 KB]

   ...representing Muaūpoko as a Te Tiriti o Waitangi partner and as the holder of Muaūpoko fisheries quota. Separate, and secondary, to that role, MTA is an Ō2NL Project Partner. And finally MTA is a submitter and section 274 party in order to protect our interests through the Resource Management Act 1991 (RMA) process and provide for our rangatiratanga in our own right. 5. As a Project Partner, MTA has worked closely with Waka Kotahi and Ngāti Raukawa ki te Tonga Hapū on the...

9. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   .............................................................................................. 26 WAS SHINGLE AND SHAKE ROOFING LIMITED (SSRL) NEGLIGENT? . 29 WAS MR BURROWS NEGLIGENT WHEN INSPECTING THE PROPERTY AND ISSUING THE PRODUCER STATEMENT? ....................................... 30 DID ROGER FRANKS OWE THE CLAIMANTS A DUTY OF CARE? IF SO HAS HE BREACHED THAT DUTY OF CARE? ........................................... 34 DOES MR KARL GAENSICKE (KARL) OWE THE CLAIMANTS A DUTY OF C...

10. BORA Therapeutic Products and Medicines Bill [pdf, 341 KB]

    ...provision aims to prevent the licence holder from acting in a manner which may be harmful to the public. 68. The Ministry of Health advises that the offence is also intended to encourage those responsible for medicines to meet a high standard of care. For the purposes of protecting public health and safety, a higher standard of care is required than absence of recklessness when dealing with scheduled medicines. It would not further the objective of the provision if the prosecution w...