Search Results

1. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

2. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

3. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...least in part, a prospective purchaser) to the property without Ms Cokojic’s prior consent or authority, in breach of her obligation to act in good faith and deal fairly under r 6.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”);2 1 Complaints Assessment Committee 414 v Tafilipepe [2019] 13 (Decision originally issued on 11 April 2019, then recalled and re-issued on 10 May 2019). 2...

4. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...Campbell confirmed the de facto relationship between her sister and the deceased and noted they had entered into many business dealings together. She submitted that it was the deceased’s wish that if anything happened to her, she would take care of Ms Hallett in the event of her death. Even though Ms Te Moana did not 1 394 Aotea MB 284-292 (394 AOT 284-292) at 284 2 Ibid, at 291 399 Aotea MB 140 leave a will, Ms Campb...

5. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...trustees in relation to the interlocutory application to set aside notices of protest, did Mrs EL fail to raise s 11 of the Arbitration Act? If so, did that mean Mrs EL had failed to act competently and in accordance with the duty to take reasonable care?1 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3. 6 (b) If Mrs EL failed to raise s 11 of the Arbitration Act, did that mean the fees Mrs EL...

6. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...appears to be over-zealous time recording and the rendering of invoices reflecting simply the value of time recorded by the relevant authors with no apparent recognition of the other factors that need to be addressed in Rule 9.1 of the Client Care Rules; and (c) The litmus test being that the fees charged to the body corporate (contrary to [SW Law Firm’s] advice of cost efficiency if that firm was instructed because of Mr SW having undertaken similar assignments) are in excess of...

7. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...several examples where he considers an undue amount of time had been taken to perform particular tasks. 5 [27] He then reviewed the various factors as provided in rule 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Client Care Rules) to be taken into account to establish a fair and reasonable fee. Of these, he determined that some weighting should be given to the result achieved by the Practitioner, which was a most satisfactory outcom...

8. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   ...1. The plaintiff is the Director of Proceedings exercising statutory functions under sections 15 and 49 of the Health and Disability Commissioner Act 1994 (“the Act”). 2. At all material times the aggrieved person was a consumer of health care services. 3. At all material times the defendant, Mr Shengming (Steven) Xu (“Mr Xu”), a massage therapist, was a health care provider within the meaning of s 3 of the Act, and was providing health care services to the aggrieved p...

9. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ............................................................................................. 34 WHAT WERE THE RESPECTIVE ROLES OF MR COLE AND MR RAWSON? .......................................................................................................................... 38 DO MR RAWSON AND MR COLE OWE THE CLAIMANTS A DUTY OF CARE? .......................................................................................................................... 41 Roy Rawson ........................

10. OIA-101880.pdf [pdf, 9.7 MB]

    ...November OIA request to Minister Allan. Please see the document table below which details the documents in scope of this request and the decisions on release. Some information has been wlthheld under the following sections of the Act: • 9(2)(a) to protect the privacy of natural persons, • 9(2)(g)(i) to maintain the effective conduct of public affairs through the free and frank expression of opinions, and • 9(2)(h) to maintain legal professional privilege. I do not consider th...