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...Environment Court “need not be troubled with issues of jurisdiction”, but rather that it “must assess whether the Council approved version of the SEA policy 1 Royal Forest & Bird Protection Society of New Zealand Inc v Auckland Council [2018] NZHC 1069. 2 Royal Forest & Bird Protection Society of New Zealand Inc v Auckland Council [2018] NZHC 1344. 2 matrix, including restricted discretionary activity s...
...pre-approval”. [19] Mr LT advised that his view of cl 22.1 remained that it was for the mutual benefit of both parties. [20] Mr LT accepts that he omitted to provide terms of engagement as required by rr 3.4 and 3.5 of the Conduct and Client Care Rules.6 2 In accordance with cl 22.1 of the Agreement. 3 SK was the selling agent. 4 This was after Mr LT had sent a copy of the waiver letter to Ms EA. 5 Letter LT to Standards Committee (26 September 2019) at [29]. 6 Law...
...any work done by Mr Fyfe was in itself the cause of a leak and damage. Accordingly, Mr Gary Fyfe is hereby removed. LIABILITY OF THE COUNCIL [78] The fourth respondent, the Marlborough District Council acknowledges that it owes a duty of care to the claimants as subsequent owners of the house. However the Council submits that its actions or omissions have not caused the losses claimed. Instead it argues that the claimants’ losses are due to lack of maintenance and the cla...
...review hearing I indicated to Mr T that at the hearing I wished to discuss the broader issue of whether a solicitor/client relationship existed between the Practitioner and Mrs AP (and the other contributors) in terms of the Conduct and Client Care Rules7 with resulting obligations on the Practitioner. With regard to conduct prior to 1 August 2008 the Conduct and Client Rules did not exist, but the usual common law rules and the rules of professional conduct in force at the time appl...
........................................................................... 27 Planas [2022] NZCorC 137 (18 October 2022) ...................................................................... 30 Thomas [2022] NZCorC 176 (13 December 2022) ................................................................. 31 Medical Care ............................................................................................................................ 32 Alexander [2022] NZCorC 172 (7 December 2022...
...JC’s July 2016 advice encompass or repeat his January 2014 advice about the electricity supply easements? (d) Were Mr JC’s fees for his advice about the easements in July 2016 fair and reasonable? (e) Did Mr JC provide the required client care and service information, including the basis on which he proposed charging his fees, to Ms BL and Mr SF in respect of Ms BL’s July 2016 instructions? 4 Deliu v Connell [2016] NZ...
...receiving instructions Ms CN sent Mr RF a copy of Law Firm 1’s standard terms and conditions. They did not specify Law Firm 1’s hourly rates but referred to the factors in rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The terms and conditions also provided, among other things, that: (a) Terms of payment were within seven days from the date the bill was rendered unless alternative business arrangements had been made. (b) If the fees wer...
...increases the likelihood of criminal offending.” Most criminal offenders have themselves been targets of violence: 80% of child and youth offenders have experience of family violence 87% of young offenders aged 14-16 years in 2016/17 had prior care and protection reports 75% of women in prison have reported family violence and sexual violence A history of sexual abuse is the strongest predictor of reoffending by young females. “Over the past 10-15 years there have been numerous calls for...
...DATE OF HEARING: 2 and 3 December 2019 DATE OF DECISION: 18 May 2020 DECISION OF TRIBUNAL1 INTRODUCTION Eamon Marshall [1] Eamon Marshall is 17 years of age and profoundly disabled. He is fully dependant for all aspects of his care, including his continence, bathing, dressing, feeding and mobility. He has been diagnosed with tuberous sclerosis, intractable epilepsy, generalised brain dysfunction, cerebral palsy and visual impairment.
...hearing, to bring the costs up to today’s real costs. 4.3 The claims against Mr Potter, Mr Candy and Mr Daly are all in tort and based on allegations of negligence. The Owners say that both Mr Candy and Mr Daly owed them a non-delegable duty of care to ensure that all building work was carried out in compliance with the building regulations. The claims against both of these parties are made in their capacity of directors of the company that developed the property and built th...