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1. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...to the Tribunal giving its decision in LB and therefore aware that industry standards had not at this time required any steps to be taken. We do not accept this. It is plain that from the commencement of the Act agents had an obligation to take care when making representations. How they take care depends upon the representation that is made. This is a reflection of Rule 6.4, 6.5 of the Real Estate Agents Client Care Rules. We do not think that the obligation is any more than this. Ac...

2. AL v ZK LCRO 182/2012 (19 March 2014) [pdf, 60 KB]

   ...the conduct of the lawyer, it is unlikely that it will be appropriate for a Standards Committee to take no action on the complaint. In this regard I refer to the case of BI v CW 3 where I noted: “...Standards Committees and this Office must be careful not to allow lawyers whose bills are complained about, to “buy” their way out of a finding of unsatisfactory conduct...” [15] While it is impossible to draw a definitive line, there is a distinction to be made between complain...

3. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...be unable to pay the defendant’s costs if the plaintiff’s claim fails.7 The power is discretionary and broad. In exercising the discretion regard must be had to the overall justice of the case, and the interests of both parties need to be carefully weighed up. The required balancing exercise was summarised by the Court of Appeal at AS McLachlan Ltd v MEL Network Ltd as follows:8 [15] The rule itself contemplates an order for security where the plaintiff will be unable to...

4. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

5. Factsheet-for-requesting-personal-information [pdf, 185 KB]

   ...under the Official Information Act 1982. Advice for making a request You may need to contact more than one agency to get all the records you need. You may need to show ID, like a passport or New Zealand driver’s license. This is to protect the privacy of the people who the records are about. Give the agency as much information you can – for example, the type of record you’re looking for, and the dates and locations, if you know them. Who should I send the request t...

6. [2024] NZEnvC 185 Transpower New Zealand Limited v Central Hawkes Bay District Council [pdf, 5.7 MB]

   Proposed Central Hawke's Bay District Plan IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 185 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN TRANSPOWER NEW ZEALAND LIMITED (ENV-2023-AKL-000113) FEDERATED FARMERS OF NEW ZEALAND (ENV-2023-AKL-000114) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2023-AKL-0000116)

7. Waikato Bay of Plenty Standards Committee 1 v van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

   ...was about [1] Mr van Noort is a now-retired lawyer who held himself out to be an expert in Trusts and means-tested subsidy applications. In February 2020, he was asked to assist the K family in seeking a subsidy for their father’s residential care. The father, TK, had settled a Trust in 2010, but there was very scant record keeping between then and when his children1 sought Mr van Noort’s help. [2] There had been somewhat complicated dealings with TK’s property, including...

8. WL & BN v SD LCRO 106/2015 (5 July 2016) [pdf, 65 KB]

   ...Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr WL1 has applied for a review of the determination by a Standards Committee that Mr WL2 breached rule 13.9 of the Conduct and Client Care Rules3 [2] This review involves a consideration of the application of rule 13.9. The Committee proceeded on the basis that the rule creates a separate obligation to adhere to the rules of privilege generally rather than on the basis t...

9. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 150 KB]

   ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...

10. LCRO 14/2020 CL v BB (18 December 2020) [pdf, 141 KB]

    ...services and terminated instructions on 16 November 2018. Mr BB rendered his account in the sum of $3,475 plus GST and disbursements. Ms CL’s complaints [8] Ms CLs letter of complaint summarised the issues that concerned her: “Lack of duty of care – excessive account – $4,171.25, being charged $70 emails to book an appointment and then receive “ok” back.”1 She has analysed the firm’s time records and refers to charges of $70 for minor administrative matters. She...