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1. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...restrictions I proceeded with the charades to see how a major Insurance company manipulates an individual into making them feel responsible and get them to pay, to the point where I’m now threatened. … The claim against Mr TT Did Mr TT owe a duty of care to Mr XT? 17. The law of tort imposes a duty of care not to cause foreseeable harm to property belonging to another. The applicant has to show that Mr TT owed Mr XT a duty of care, breached the duty, and caused damage. 18. Th...

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. 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...

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. 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? .............................................

8. BORA Major Events Management Bill [pdf, 330 KB]

   ...we considered potential issues of inconsistency with the right to freedom of expression (s 14), the right to be secure against unreasonable search and seizure (s 21), the right to be presumed innocent until proved guilty (s 25(c)) and the right to protection against double jeopardy (s 26(2)). What the Bill does 3. Under the Bill appropriate events may be declared to be major events for the purposes of the Act. Representations that suggest persons, brands, goods, or services have an as...

9. Directory of Official Information P-R [pdf, 997 KB]

   ...Parliament. Functions and responsibilities NZ Post has been a critical part of New Zealand’s landscape for over 180 years. Our 6,500 people connect customers, consumers and businesses across New Zealand and around the world ‘delivering what people care about’. We process and deliver items – parcels, packages and letters. We also provide logistics services for businesses, including many who are engaged in eCommerce here and internationally. NZ Post’s strong delivery and lo...

10. BORA Evidence Bill [pdf, 406 KB]

    ...The bill's purpose is expressed to be: to help secure the just determination of proceedings by - (a) providing for facts to be established by the application of logical rules; and (b) promoting fairness to parties and witnesses; and (c) protecting rights of confidentiality and other important public interests; and (d) avoiding unjustifiable expense and delay 3. The bill codifies many existing rules of evidence and procedure (common law or statutory), but also modifies some rul...