Search Results

1. IK v SN LCRO 42 / 2011 (21 February 2012) [pdf, 98 KB]

   ...had not been executed by all owners, therefore rendering it unenforceable. [21] Mr IK also noted that Mr SN had not provided him with the relevant client information as required by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. [22] He also asserted that Mr SN’s bills of costs amounted to overcharging. [23] After conducting a hearing on the papers, the Standards Committee determined pursuant to section 152(2)(c) of the Lawyers and Conveyancers Ac...

2. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

3. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...has significance later. [28] SE Middlemass undertook caulking in particular to the exterior log extensions in an attempt to close and seal the gaps between the logs. He said he was told to do this by the building inspector Mr Apeldoorn to “protect their investment”. Regardless it is clear that this is a specific requirement contained in the first notice to rectify. It has significance later. [29] In or about January 2002 Dorfliger agreed to box in the log extensions, th...

4. JE v FQ LCRO 213/2012 (17 June 2015) [pdf, 85 KB]

   ...Mr [SP’s son]. [15] Members of the SP family were at odds over the management of the affairs of their elderly parents, and the family had split into opposing factions. 5 [16] Regretably, conflict between family members in respect of the care and protection of elderly members, and the management of those elderly members’ property interests is not uncommon. [17] Mr and Mrs JE contended that Mr SP Snr was very suggestible, unaccustomed to managing his financial affairs, an...

5. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...Trustees of Opihi Jf7hanaungakore v Jf7hakatane Distri1,1 Council [2016] NZEnvC 035 (interim decision) and [2016] NZEnvC 067 (final decision). 5 reserves around it. On the seacoast immediately to the north is a local purpose reserve for coastal protection. Immediately to the south on the Bunyan Road frontage is a local purpose reserve as a landscape buffer. In the southwestern corner is a small local purpose reserve for a pumping station. To the west is existing residential develop...

6. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...Standards Committee decision focused on the complaint relating to the provision of affidavit evidence by the Respondent. In this regard the Committee took note of rule 13.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client 4 Care Rules) 2008 (the Client Care Rules) which provides that a lawyer must not be obstructive when approached to give evidence in Court proceedings. [18] The Committee considered that the Respondent was not in breach of the Client Care Rul...

7. EA v BO LCRO 237 / 2010 (29 September 2011) [pdf, 142 KB]

   ...was inappropriate. This suggests that the Committee accepted that Mr EA 5 was not acting as a barrister and I have assumed that the Committee considered he was in breach of Rule 11.1 of the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008. That Rule provides as follows:-“ A lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice.” [17] I have also assumed that the Co...

8. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...the complainant could not work as an independent contractor. However, she had to wait five months until April 2017 to get a response from Immigration New Zealand. Ms Coetzee said she did not feel she had breached her obligation to exercise due care by checking and applying the immigration instructions accurately and so advising the client. If anything, she took too much care. 9 [44] Ms Coetzee conceded that she did not provide a standard service agreement to the complainan...

9. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...recite that evidence at length. A possibly incomplete summary follows. [34] The evidence of Mr Arbuckle addressed three broad topics: [34.1] The Department’s concerns relating to staff safety and its view of the importance of staff privacy in protecting both staff safety and the safe management of custodial and community based sentences. [34.2] The Department’s processes for responding to Privacy Act requests and its approach to protecting staff privacy under the Privacy Act. [...

10. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

    ...treatment and support at a local clinic. He says his drinking had begun to “spiral seriously”. [13] At the time he was not only a busy practitioner but was facing the end of a relationship as well as Family Court proceedings in relation to the care arrangements for his children. [14] With the support of his law partners, he took leave to engage with a local clinic (Clinic D). The director and part-owner of the clinic is Ms T who is a registered psychotherapy practitioner wit...