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1. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...experience of the Commissioner as a member of the Court comes into play. In addition to mediation training, new Commissioners are buddied up and more complex mediations may be co-mediated. Plan Change appeals can involve a large number of parties. Careful management of the mediation process is critical to successful outcomes in these types of appeals. We have found that a significant proportion of appeals on Plan Change and Plan reviews are resolved through mediation. b. Reso...

2. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that the effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must be...

3. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...alternative advice. [19] In Ms Sharma’s submissions she argued that, in combination, giving instructions at the January meeting, returning the acceptance page and the subsequent emails showed the test in s 115(b) was met. She emphasised the client care and service section of Pitt & Moore’s terms and conditions, where the firm agreed to protect and promote Ms Wills’ interests. Although not expressed precisely in these terms, Ms Sharma’s submissions for Ms Wills emphasis...

4. LCRO 161/2017 CR v EM, DN and BN (24 January 2019) [pdf, 159 KB]

   ...Standards Committee (the Committee) which concluded there had been unsatisfactory conduct on his part arising from his involvement in the sale of a property in the exercise of his powers under a power of attorney made by Mr TN (the EPOA) pursuant to Protection of Personal and Property Rights Act 1988 (PPPR Act). [2] The respondents are the complainants, Mr TN’s grandson EM, and Mr TN’s children BN and DN (the respondents). Mr TN appointed his son BN as property attorney joint...

5. Faleauto v GH LCRO 100/2015 (29 November 2016) [pdf, 107 KB]

   ...contravened ss 110(2) and 112(1) of the Act, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the Trust Account Regulations), and rules 9.3 and 14.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [3] The Committee also concluded that Mr Faleauto had contravened rules 4.2, 7.1 and 10 by failing to complete the retainer he had entered into when he agreed to represent Ms GH’s brother, and rule 14.4 b...

6. LCRO 202/2016 and 6/2017 JI v ZY [pdf, 153 KB]

   ...trustees’ names. [16] STI contended by transferring property into the WV and XU Trust, Mr JI had acted in a manner that was contrary to Ms ZY’s interests in breach of r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), and hindered her ability to claim to an interest in relationship property. STI submits that Mr JI should have obtained Ms ZY’s informed consent to the transfer of [property 2] and [property 3] before either pro...

7. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...appellant would not sell the vehicle if released without forfeiture. [7.7] The appellant is under financial pressure, due to the competitive nature of its business, the high costs involved, and the onerous regulatory requirements. [7.8] Any lack of care was due to naivety, and an understanding that a third party would ensure the risk was managed. The risk was unforeseen, and a rare situation. Customs’ Position [8] Customs say the records showing the discrepancies in the odo...

8. AB v ZY LCRO 54 / 2010 (27 January 2011) [pdf, 84 KB]

   ...called into question, and a dispute arose between Mr H and Ms M as to the extent of Mr H’s equity in the property. This dispute remained unresolved at the time of Mr H’s death. [9] At the time of his death, his claim against the property was protected by a caveat. [10] The Respondent acted for Ms M in the dispute with Mr H while he was alive, and subsequently continued to act on her behalf after his death. [11] The Estate eventually abandoned its claim for reasons which are n...

9. Complaints Assessment Committee 404 v Hawkins [2017] NZREADT 35 [pdf, 193 KB]

   ...[b] Mr Hawkins did not explain, or explain adequately, to Ms Fletcher his role in the transactions after he “stepped in” as vendor; [c] Mr Hawkins obtained a financial benefit from his sale of the lots to Ms Fletcher and Ms Mardon, in that he protected his own purchase, and his own investment in the subdivision; [d] Mr Hawkins did not advise Ms Fletcher (either orally or in writing), and Ms Mardon (in writing) that by selling lots 3 and 4 to them he would obtain a financial be...

10. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

    ...Society (NZLS) about conduct on the part of Mr BKT. Complaint [20] Mr AJR says Mr BKT contravened his obligations in relation to privilege, citing various rules under Chapter 13 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), which relate to the duties and obligations that rest on lawyers as officers of court acting in litigation. He says Mr BKT discovered 848,000 pages of documents, including the contents of the laptop, some were...