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1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...that section 8 of the New Zealand Bill of Rights Act (“NZBORA”) requires the state to undertake a “rights-compliant” investigation into a death at the hands of a state actor, or where a death has resulted from a breach of the State’s protective duties.5 6. Her Honour considered that the Royal Commission was required to consider matters that might fall to a Coroner to inquire into, including the protective duties and actions of state actors prior to the terrorist attac...

7. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...documents. [37] The Committee considered the various materials and determined the own motion inquiry on the basis that there had been unsatisfactory conduct on the part of Mr IA in that he had contravened rule 11.2 of the Lawyers Conduct and Client Care Rules10 (the rules) by failing to ensure Mr and Mrs CMR received independent advice before accepting liability for (H)’s legal fees. The Committee imposed a fine of $1,500, an order for costs of $2,000 and directed publication of...

8. Family Violence Risk Assessment and Management Framework [pdf, 1.7 MB]

   ...victims, perpetrators, families and whānau to find the help they need. We need a new approach where agencies, services and practitioners can proactively support individuals, family and whānau experiencing family violence. We need a new approach to protect victims and stop perpetrators committing family violence. If the system is to deliver improved outcomes for people, it’s imperative it takes a consistent, coordinated, and supportive approach to securing the engagement of all victi...

9. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...developer owes a non-delegable duty to an intended owner of a home to properly supervise the construction of the home. Cooke J, and with whom Somers J joined with Richardson J in agreement:2 We would hold that it is a duty to see that proper care and skill are exercised in the building of the houses and that it cannot be avoided by delegation to an independent contractor. [23] Harrison J in Body Corporate 188273 v Leuschke Group Architects Limited defined a “developer�€...

10. DV v RG LCRO 141/2015 (28 June 2016) [pdf, 79 KB]

    ...arising from Ms DV’s complaint: (a) Whether Mr RG failed to act competently in relation to the variation of the agreement? (rule 3);1 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3 (b) Whether Mr RG failed to respond to queries in a timely manner? (rule 3); and (c) Whether Mr RG represented to Ms DV that he was a lawyer in breach of sections 21 to 24 of the Act. [10] The Committe...