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1. BD v EG LCRO 107/2012 (26 Aug 2015) [pdf, 54 KB]

   ...having followed the process set out in paragraph 10.11 of the NZLS LCS Practice Note. That section refers to fee complaints. The purpose is to identify the lawyer who is responsible for setting the fee. The section calls for committees to give careful consideration as to who is the subject of a costs complaint. Committees are directed to exercise caution in addressing the fees aspect of a complaint in relation to an employed solicitor, such as Mr EG. There is no evidence of the...

2. Manuel v Waitakere City Council [pdf, 70 KB]

   ...1. Terry McKeown – Roofing Consultant quoted this job. Refer copy of his quotation enclosed. 2. Terry McKeown, as an Independent Contractor organised work schedules in conjunction with the builder. 3. Further the quotation mentions Roof Edge protection, a product that our company did not have available. One would assume that Terry McKeown would have organised this. 4. Dave Singer, who was at that time employed by Spouting & Steel Roofing World Ltd, happened to be the supervi...

3. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...actions at the time. Whether this belief was objectively reasonable is the next matter to determine. [39] Counsel for Mr Tamplin submitted that this subjective belief was not objectively reasonable as Dr Boizard should have been aware that under the Protection of Personal and Property Rights Act 1988 (the PPPR Act) every person is presumed to be competent to manage their own affairs and to understand decisions in respect of their personal care and welfare until the contrary is shown....

4. [2018] NZEnvC 042 The Architectural Centre v Wellington City Council [pdf, 5.4 MB]

   ...large scale university buildings above and to the west, and a mix of residential activity around including Victoria House hall of residence, multi-unit developments and a number of detached dwellings. Proximity of the site to dwellings necessitates careful consideration of residential amenity across the boundary and is reflected in carefully set permitted activity standards This site is below the established part of the Kelburn campus and currently does not provide for pedestrian access...

5. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...I can do no more than to endorse the decision of the LCRO and the court. [35] Ms JR comments that she does not consider proper attention has been paid to the facts and the instructions given to her by Mrs CG. In reaching this decision I have carefully reviewed all of the material provided to the Standards Committee and this Office. I have not seen any statement by Ms JR that she was aware at the time of making Mrs CG’s will that the property was owned as tenants in common, or th...

6. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...should be taken after the client is informed by the lawyer of the nature of the decisions to be made and the consequences of them. Clearly, that rule is not applicable in the present circumstances. [57] However, a lawyer does have a general duty to protect and promote a client’s interests:12 In acting for a client, a lawyer must, within the bounds of the law and these rules, protect and promote the interests of the client to the exclusion of the interests of third parties. This...

7. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...10 Allen v C3 Ltd [2012] NZEmpC 124, [2012] ERNZ 478; this decision however related to s 103A of the Employment Relations Act 2000 in its previous form. f) Although Ms Hutchison was unaware of the provisions of the Protected Disclosures Act 2000 (the PDA) at the relevant time, her disclosures to the Police qualified for protection under that Act. g) Section 78 of the Coroners Act 2006 operated to protect Ms Hutchison’s disclosure to the Police. T...

8. LA - Provider manual - Part 1 [pdf, 523 KB]

   ...applicant and the areas of law for which they are applying − original or certified copy of Certificate of Standing - this must be valid when the complete application is received by the Ministry − information about service delivery systems − Client Care letter and/or standard letter of engagement − information about work experience history − signed declaration • information about the applicant’s competence and experience in the areas of law for which they are applying �...

9. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   .................................................................................................17 Control jointing: three vertical control joints missing on east and north and south of garage, and sheet joint cracking on north, east and west elevations .....................................17 Three pergola posts were unprotected at the top ..................................................................20 WHAT IS THE APPROPRIATE REMEDIAL SCOPE? .............................................

10. Health & Disability Commissioner Act 1994

    ...quantum – discretion to grant remedy – Human Rights Act 1993, s 92M – Privacy Act 1993, s 88 – Health and Disability Commissioner Act 1994, s 57 Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 Disability Services Provider – client in care of community home – care falling short of expected standard – failure to provide services with reasonable care and skill – failure to provide services that minimised potential harm and optimised quality of life – failure to provide l...

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