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1. 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....

2. 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...

3. 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...

4. [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...

5. 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 �...

6. 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...

7. Family Court Rewrite Submission - Portia Law [pdf, 443 KB]

   ...access to legal advice such as rights and responsibilities and the s5 principles relating to children’s welfare and best interests. This also acts as a ‘triaging point’ from which further services can be accessed e.g. a recommendation to obtain a protection order. The gap in service provision arises from the restrictions under s7A of the Care of Children Act and the requirement in the Legal Services Act 2011 (“LSA”) for there to be jurisdiction to act under s7A before legal ai...

8. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...the collision? (g) If so, was there damage caused to TH’s car? (h) If so, what is the remedy? What is the legal framework? 3. The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care. The standard of care required is that of a reasonable prudent driver. Drivers must take care not to drive in a manner that causes damage to another vehicle. 4. When one person breaches their duty of care on the road, causing damage to anot...

9. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...claims for the invoice including interest provided for in the second agreement and costs relating to the preparation and hearing time in the Disputes Tribunal. 5. The respondents claim that H Ltd failed to provide their services with reasonable care and skill and that they should be awarded damages for the difference in the initial estimate provided by H Ltd and the ultimate estimate that H Ltd agreed upon in the Court hearing. Further, the respondents claim for stress and anxiety as a...

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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