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1. [2018] NZLCDT 10 Wellington Standards Committee 2 v Hay [pdf, 170 KB]

   ...mitigating features, aggravating features, including prior disciplinary matters, before finally assessing the least restrictive intervention, having regard to the purposes of imposing penalty. [5] Its particular and distinctive function, which is protective rather than punitive, is reflected in the account taken of a number of factors: the lesser attention given to personal factors relating to the practitioner; and the importance attributed to both

2. CH v XO LCRO 119 / 2010 (3 May 2011) [pdf, 182 KB]

   ...(b) A refund of the costs incurred by reason of him seeking alternative advice. (c) Compensation of $15,000 representing the value of the business of which he had been deprived. (d) Compensation for the costs of establishing a Trust to protect the home belonging to himself and his wife from the contingent liability to the landlord. Review [26] Although initial contact between the parties took place in May 2008, all of the conduct about which the Applicant complains took p...

3. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...2017, Mr OS wrote to Mrs C. He referred to his telephone conversation with Mr T and confirmed that a new property enduring power of attorney in favour of two partners in the firm was in place. He informed Mrs C that Mrs HR was [Mr C’s] personal care and welfare attorney, and that Mr AH, Mrs HR and Mr T were named as executors in her will. [10] He stated that if her “confidence” in Mrs HR, who was signatory on Mrs C’s bank account, to “do the right thing” was “reduced...

4. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...Society, on the application of a responsible lawyer, may grant such dispensations from this rule upon any condition or conditions that the Law Society in its absolute discretion may think fit to enable or facilitate the responsible lawyer to act to protect the interests of the investors in any security under which the borrower has made default. 13.7 Each responsible lawyer must keep the investors reasonably informed as to the progress and results of the action taken by the responsible...

5. [2018] NZEnvC 186 Housing New Zealand Corporation v Auckland Council [pdf, 3.6 MB]

   ...dated 7 February 2018. Annexure B - Summary table of scope of the New Objective. Annexure C - Extracts from the Transcript - Cross examination of Council witnesses regarding how the unchallenged lower order provisions would give effect to the protection of historic heritage if the new objective was introduced. Annexure D - Extract of Ms Linzey's evidence addressing how historic heritage is managed by the Unitary Plan; • Auckland Council, dated 6 June 2018; • M Jones and...

6. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

   ...................................................................................... 7 (1) Ms QM ............................................................................................................................................ 8 (a) Advice — act competently, take reasonable care ..................................................................................... 9 (b) A&I forms — competence and diligence .....................................................................

7. [2020] NZSSAA 6 (28 April 2020) [pdf, 101 KB]

   ...Germany. He was advised to declare his departure date online before leaving New Zealand. In May 2016, the appellant told the Ministry he would be leaving New Zealand for approximately three months. This travel was approved so that he could take care of his father because his father’s regular carer was on holiday. [6] On 10 February 2017 the appellant advised the Ministry that he intended to leave New Zealand on 14 February because his father’s health had deteriorated. O...

8. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...The Ministry accepts the appellant’s circumstances as set out in her Notice of Appeal and the brief of evidence she filed. The Ministry does not dispute that the appellant who is Māori is obliged to retain her tenancy in Nelson to provide care for her mokopuna (granddaughter) who has been declared by the Family Court to be a child in need of care and protection. The Ministry accepts the appellant’s calculation of her employment related costs. [5] The issue for the Authori...

9. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding base detail including a lack of cladding and floor clearances to the adjacent ground. [4] The assessor was of the opinion that, as a result of those defects, the house req...

10. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

    ...owner, Murray Searle, who was a developer and quantity surveyor trading as Classic Homes. He acted as his own clerk of works. 15. Mr. Searle was building the home for his own use and was concerned about possible leakage. He decided that in order to protect the house from breaking down in the event of leakage he would use tanalised timber and the best quality product on his deck. 16. The house was to have two decks. A builder under Mr. Searle’s supervision installed the plywood base...