Search Results

1. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

   ...vendors. Eves admits that Coopers continued to contact the vendors directly.” [17] Finally, the CAC said: “4.17 ... and in its defence [Eves] has said that its policy was not to enforce any double commission. This is not the same as taking care to ensure that no legal obligation to pay two commissions arises, and Eves has provided no rebuttal of the allegation that they reassured the vendors that there was no risk, rather than taking steps to obtain the relevant information. It...

2. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...caused them to incur $[XXX] in unnecessary costs. [20] The issues addressed by the Committee were:11 i. Whether Mr XZ acted in a conflict of interest situation in breach of Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”); ii. Whether Mr XZ in his affidavit misled the Court in breach of RCCC 13.1; iii. Whether Mr XZ in his affidavit failed to provide all information relevant to the Court in breach of RCCC 13.7; iv. Whether...

3. Recommendations Recap Issue 26 1 January-31 March 2021 [pdf, 984 KB]

   ...51 Rogers [2021] NZCorC 12 (25 January 2021) ........................................................................ 53 Tornmarck [2021] NZCorC 52 (30 March 2021) ..................................................................... 55 Medical Care ............................................................................................................................ 58 iii Laing [2021] NZCorC 17 (4 February 2021) .............................................................

4. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality. • Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. EVIDENCE BRIEF SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence conferenc...

5. Investment brief: Restorative justice [pdf, 294 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality.  Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. INVESTMENT CLASS SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence confere...

6. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...August 2014 in which findings of unsatisfactory conduct were made against Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs...

7. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...on 10 April 2017. 5 [21] The Committee determined that no further action on the complaint was necessary or appropriate. [22] In reaching that decision, which focused on r 2.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008 (the Rules) referring to improper threats, the Committee determined that: (a) Mr LS had not threatened Mr FZ. (b) he had simply advised that his client did not accept Mr FZ’s claims and alerted him to the potential conse...

8. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...1993: a) The intention of Parliament is that Te Ture Whenua Māori Act 1993 be interpreted in a manner which best achieves the principles set out in the preamble. The preamble confirms that land is taonga tuku iho and that wāhi tapu should be protected. To find jurisdiction exists to hear arguments at substantive proceedings in this case is consistent with this aim. b) The land in question is General land owned by Māori in accordance with s 4 of Te Ture Whenua Māori Act. Sec...

9. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...GX’s lawyer considered the variation was invalid. Ms GX’s view is that “EJ acted in a way to appease OM for [Law Firm A]’s mistake, currying favour with him including allowing OM to act as if he was the sole Trustee”.7 ii. Failing to protect my interests as a Trustee, and the interests of the Trust • The Deed of Variation did not protect Ms GX’s interest ‘as a trustee and the interests of the Trust’. iii. Acting incompetently (preparation of the Variation docume...

10. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

    ...Schedule 1, clause 14(1) (a – d)? 10 (c) Did the appellant refer to the provisions or rules? [39] In Option 5 Inc v Marlborough District Council4 “provision or matter should be given a limited interpretation” and in Royal Forest & Bird Protection Society v Southland District Council5 this includes whether “fairly and reasonably raised”. The Court is to look at the whole relief package.6 [40] More recently, holistic approaches to resolution have been endorsed by...