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1. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

   ...At hearing, Ms RL argued that she had been severely traumatised by her experience in working with the [Co 2] franchise and was vulnerable and not well placed to cope with the litigation. She considered that her lawyers had failed to adequately protect her and guide her through the litigation with careful and considered advice. Against this, it is argued for the lawyers that they had been successful in achieving what Ms RL had set out to achieve, namely to delay [Co 2]’s claim unti...

2. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A

3. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

   ...been terminated, and if so, when; and (i) did Mr DU fail to comply with his duty to complete his retainer; and (j) did Mr DU take reasonable steps to assist Ms KQ to obtain a replacement instructing lawyer, given the fiduciary duties and duties of care Mr DU owed to Ms KQ considering the proximity of the trial. [19] Those avenues of inquiry were progressed with purpose to examine as to whether Mr DU’s conduct in relation to the issues identified, amounted to unsatisfactory conduct o...

4. ENV-2016-AKL-000192 Kiwi Property Group Limited & Kiwi Property Holdings Limited v Auckland Council (Transport) [pdf, 4.7 MB]

   IN THE ENVIRONMENT COURT AUCKLAND REGISTRY ENV-2016-AKL- IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") AND IN THE MATTER of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearing Panel ("Hearing Panel") on the proposed Auckland Unitary Plan ("Proposed Plan

5. 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...

6. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

   ...earlier misconduct of a similar type may demonstrate that the practitioner lacks insight into the causes and effects of such behaviour, suggesting an inability to correct it. This may indicate that striking off is the only effective means of ensuring protection of the public in the future. [18] The last-quoted paragraph is particularly apposite in the present matter. Mr Johnston has, on repeated occasions, failed to understand that he cannot behave in an entrepreneurial manner using...

7. VN v AG LCRO 224 / 2011 (17 May 2013) [pdf, 89 KB]

   ...acted for an individual (a property developer) who was one of the Councillors, and who had, on behalf of the Council, fronted the negotiations and sale involving the Applicant’s land. The Applicant’s view was that the lawyer had failed to protect his interests. He also alleged irregularities with the Council’s rezoning processes. [4] Before approaching the Practitioner, the Applicant had explored these same issues with another lawyer. That lawyer had analysed the informat...

8. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...volition. 26. The Bill also creates an offence of failure to comply with a cease and desist order and sets a financial penalty (the new s 136G). Restriction on freedom of expression (s 14 Bill of Rights Act) 27. Section 14 of the Bill of Rights Act protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form." The right extends to all forms of communication including advertising.[12] 28. Th...

9. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...or fiduciary offices based their status under mental health legislation. The amendments either do away with an automatic disqualification for a mental disorder or replace it with a test based on the exercise of certain powers by a Court under the Protection of Personal and Property Rights Act 1988 ('the PPPRA'). 8. Recently, in respect of the Auckland Regional Amenities Funding Bill (the 'ARAF Bill'), we considered a provision under which a member of the funding board...

10. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

    ...(a) Failed to act competently. (b) Failed to provide information in advance on the principal aspects of the client service. (c) Failed to refuse instructions when the services were allegedly outside Mr EF’s fields of practice. (d) Failed to protect and promote client interests. (e) Overcharged. (f) Failed to adequately supervise and manage his practice. 1 AB to Lawyers Complaints Service (22 December 2011). 2 Standards Com...