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1. [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...

2. LCRO 119/2018 QL v DW (22 October 2019) [pdf, 164 KB]

   ...action on the complaint was necessary or appropriate. [17] In reaching that conclusion, the issue identified by the Committee for consideration was whether, as required by rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), Mr DW acted for Mr QL “competently and consistently with [Mr DW's] duty to take reasonable care”. (1) Relationship property calculations [18] The Committee referred to Mr DW’s calculations on which he b...

3. UF v OU LCRO 90 / 2011 (20 March 2013) [pdf, 118 KB]

   ...committee determination (23 March 2011). 6 Standing [15] UF advised that he was the director of CCS Lawyers Limited. He further advised that UG was an employee of that company and that as an employer, it was his role to assist and protect his employees. He contends that this extends to lodging a complaint against other lawyers such as OU who threaten his employees. [16] Regardless of his employment status, UF advised that UG had in any event asked him for help an...

4. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...[1] BAB has lodged an application for review of a determination by Waikato Bay of Plenty Standards Committee to take no further action in respect of a complaint against Mr PW for registering a caveat in breach of Rule 2.3 of the Conduct and Client Care Rules.1 Background [2] On 20 August 2009 Mr PW received instructions from Mr PV to register a caveat against a farm property in [location]. Mr PW had not previously acted for Mr PV, who had until then been represented by BAD in [lo...

5. RV v ZL LCRO 85/2012 (23 May 2016) [pdf, 70 KB]

   ...appropriate for Mr ZL to act for both the vendor and the purchaser in a related party transaction, when the property was allegedly sold at a substantial loss and Mr ZL was aware of the original purchase price. (c) Whether Mr ZL breached any duty of care to Mr RV as a shareholder of [Company A]. [10] The Committee addressed each issue. Conflict of interests [11] The Committee noted that the issue was not so much one of a conflict of interests but whether Mr ZL potentially was in...

6. 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...

7. 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...

8. 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...

9. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...design is able to better achieve the landscape management outcomes in the relevant objectives and policies than nominating a building platform. 21.21.3.2 The extent to which the proposed subdivision or development provides a legal mechanism to protect the identified landscape values, landscape character or visual amenity values from further development, including through the use of open space covenants or esplanade reserves. 21.21.3.3 The extent to which the proposed subdivision...

10. 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 .....................................................................