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1. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...TANGATA 2 adjusted his life to try to avoid these situations. [2] In early 2013 Mr King’s partner ended their long-term relationship. Following this at various times in 2013 and 2015 Mr King was arrested for trespass and breaches of a protection order and detained in Police custody. This proceeding concerns ten separate occasions, all in 2013 except one, when Mr King was in Police custody and because he could not see airflow suffered severe claustrophobia symptoms. Mr King cla...

2. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...twelve (12) months prior to terminating your employment; Procure of assist anyone else to breach any of the covenants contained within this paragraph. 70/72 The employee acknowledges that these non-solicitation covenants are reasonable for the protection of the employer’s business. The employee also acknowledges that the employee has received consideration for these covenants by the salary and other benefits provided by the employer. 71/73 The several covenants contained in...

3. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...maps of the FBAs contains two typographical errors which should be corrected before the maps are included in the District Plan. (1) "Sights of Natural Significance" should read "Sites of Natural Significance"; (2) "Lake Side Protect on Areas" should read "Lakeside Protection Areas". 3 [2J The court recorded that the Consent Order "concludes these proceedings". That was over-optimistic (and incorrect) because there is one outstanding i...

4. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   ...Operative District Plan, in combination with a site-specific precinct (known as the Cove Road North Precinct) comprised of a suite of objectives, policies, and rules to guide development. The purpose of having a bespoke suite of provisions is to protect the ecological features while promoting a high-quality urban design appropriate to this particular land. [4] PPC83 rezoning the area from Rural to Residential is consistent with the future growth of Mangawhai anticipated under the S...

5. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...complaints brought by the Bar ... [63] He did go on to say that: But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009). [6...

6. Recommendations recap - issue 5 [pdf, 1 MB]

   ...Recommendations recap covers a six-month period and includes 98 coronial cases where recommendations have been made. These findings were released by a coroner between 1 October 2012 and 31 March 2013. 1 Adverse effects or reactions to medical/surgical care 6 Aged and infirm care 9 Care facilities (other) 9 Child deaths 10 Deaths in custody 15 Drugs, alcohol or substance abuse 20 Electrocution 21 Fall 21 Fire-related 23 Mental health issues 25 Natural causes 26 Ov...

7. Mansfield v Southwell LCRO 199 / 2010 (8 September 2010) [pdf, 133 KB]

   ...conflicted. The rule governing a lawyer‟s responsibilities in such circumstances was set out in Rule 1.07 of the former Rules of Professional Conduct for Barristers and Solicitors (now replaced by Chapter 5 of the Lawyers: Rules of Conduct and Client Care 2008). The rules clearly sets out the actions that a lawyer is required to take, which involves informing the clients of the conflict, recommending that they seek independent legal advice and declining to act if in doing so one p...

8. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [pdf, 197 KB]

   ...April 2016 and by Ms Elizabeth on behalf of FBP on 18 April 2016. 3 [7] The agreement stated that FBP or an associate office would assist with the presentation of a visa application to Australia’s Department of Immigration and Border Protection and/or Immigration New Zealand in accordance with Australian or New Zealand immigration laws and policies. A schedule of fees was attached to the agreement showing that the complainant would pay US$3,330. [8] The complainant pai...

9. LCRO 38/2019 & 151/2019 Yuri Lukas v ZE (30 January 2020) [pdf, 167 KB]

   ...were not reasonable. The Standards Committee determinations [19] The Standards Committee addressed the following issues:5 a. whether Mr Lukas breached his obligation under rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) to act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care; b. whether Mr Lukas breached his obligation under rule 9 of the Rules not to charge a fee th...

10. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

    ...telephone. [1.1.5] Mr Aucamp overcharged the complainant’s parents, and failed to refund the over-payment. [1.1.6] He did not have a written agreement for work he performed for the complainant’s parents. [2] The Tribunal found Mr Aucamp was careless in relation to the IELTS score, he failed to report on filing the expression of interest, he did not have a written agreement and presented a backdated agreement, he threatened to make a malicious and unfounded complaint to Immigrati...