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1. LCRO 57/2017 SD v WP [pdf, 182 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

2. Thompson v Van Wijk (Variation of Non-Publication Orders) [2020] NZHRRT 46 [pdf, 137 KB]

   ...affidavit sworn by her on 11 November 2020. As summarised in Ms Taefi’s memorandum dated 17 November 2020 at para 16 those reasons are: a. The plaintiff intends to participate in the faith-based redress hearing in the Royal Commission into Abuse in Care on 7 December 2020. b. The plaintiff is advocating for survivors of abuse in faith-based settings and assisting churches to prevent sexual harassment and abuse. She is finding it difficult to do this, while maintaining her anonymity....

3. Ha v The Real Estate Agents Authority (CAC 412) and Griffiths [2018] NZREADT 57 [pdf, 369 KB]

   ...made it likely that Mr Griffiths would attract more than one commission in the same transaction. 1.2 The Committee’s decision was made with reference to rr 9.3, 9.10 and 9.14 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (2012 Rules). It is acknowledged that Mr Ha’s conduct predates these Rules coming into force. Rules 9.4 and 9.11 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (2009 Rules) are applicable....

4. BQ v CR LCRO 281/2012 (28 August 2014) [pdf, 45 KB]

   ...112 of the Lawyers and Conveyancers Act 2006. In my view, a lawyer’s trust account records are the property of the lawyer and not the client. [15] Of course, the trust account records contain confidential information that Mr CR has a duty to protect and hold in strict confidence.6 However, if Mr CR had complied with his reporting obligations then this information would have already been provided to Mr BQ.7 [16] As a further comment in this matter, and I stress this factor is not...

5. NI v FI & MI & GI [2023] NZDT 592 (13 October 2023) [pdf, 96 KB]

   ...respondent is FI’s son, and the third respondent is FI’s partner. 3. NI claims he saw the respondents move the aircraft and he noticed damage to the wings the same day. Further damage was incurred as the aircraft was left outside the shed unprotected from the weather. 4. NI believes the respondents moved his aircraft some time in the first half of 2021, however he did not raise the issue of damage with them until December 2021 when he sent them a letter asking for compensation...

6. ND v VC LCRO 7 / 2012 (15 June 2012) [pdf, 74 KB]

   ...the Unsolicited Goods and Services Act.” 2 [2] The Applicant objected to this language and filed a complaint with the New Zealand Law Society. He contended that the Practitioner had breached Chapter 2 of the Rules of Conduct and Client Care, in particular Rule 2.7 which states: A lawyer must not threaten, expressly or by implication, to make any accusation against a person or to disclose something about any person for an improper purpose. [3] The Standards Committee consi...

7. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...Accordingly, this provision appears to be consistent with section 19 of the Bill of Rights Act. Section 27(2): Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act affirms that every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. We have considered whether clause 1...

8. 2021-06-15 List of Parties [pdf, 169 KB]

   ...Fish and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274...

9. Waikato Bay of Plenty Standards Committee 1 v Silvester [2023] NZLCDT 47 (31 October 2023) [pdf, 86 KB]

   ...question her fitness to practise. [8] Mr McCaughan advanced his submission about penalty in a balanced manner. We agree that the conduct was serious, at odds with that expected in a person 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 4 privileged to be a lawyer. We accept Mr McCaughan’s submission that inexperience and anxiety were operative factors. [9] We also agree with Mr McCaughan that the case of Latton3 is the closest compara...

10. Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95 (321 AOT 95) [pdf, 123 KB]

    ...anything or using the land in any other capacity, commercial or otherwise. It is noted that the land could be used for agricultural purposes. [6] It is also said that the council has been issuing invoices on a regular basis to Koroheke Hinerau care of Rangimoeke Houpapa of 66 Garland Drive, St Andrews, Hamilton. Despite these efforts, no payments have been received. Moreover, it is said that there has been no objection to the levying of rates and issuing of invoices by the coun...