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1. Vosper and Vopser Ltd v CAC 402 & Biddle [2016] NZREADT 60 [pdf, 194 KB]

   ...September 2015 (the substantive decision), in which the Committee found pursuant to s 72(d) of the Real Estate Agents Act 2008 (“the Act”) that the appellants had breached provisions of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) and had therefore engaged in unsatisfactory conduct (“the substantive decision”). The appellants also appealed against the Committee’s decision issued on 9 November 2015, in which each of the ap...

2. [2024] NZIACDT 06 ZR v Kim (23 January 2024) [pdf, 240 KB]

   ...invoice from Wealand International (1 May 2023) for the service fee of $4,000. [21] The complainant arrived in New Zealand on 20 May 2023 and departed on 16 July 2023. [22] On 2 August 2023, Immigration NZ sent a letter to the complainant (care of Mr Kim) advising that his visa might be cancelled as his employment had ended on 18 June and he had left New Zealand on 16 July. On the same day, Mr Kim sent the letter by email to the complainant. [23] On 15 August 2023, Immigra...

3. LCRO 159/2017 YB v WD [pdf, 147 KB]

   ...client informed about progress, and consult the client about steps to be taken to implement the client’s instructions.5 [31] Lawyers are also required to act competently. Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states that:6 In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. (b) Did Y...

4. Greaterex v Preston [pdf, 41 KB]

   ...the evidence of Mr Rob Preston, Mr Simon Paykel and the assessor, I am satisfied that Mr Tim Preston was the builder of the dwelling house and responsible in large measure for the significant defects in construction. Mr Tim Preston’s duty of care as a builder was to ensure that proper skill and care was taken in the construction of the house. There is ample evidence to conclude (including exhibits 28, 30, 31, 35 and 37) that Mr Tim Preston breached that duty of care and that t...

5. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...This review was heard in 5 See note 2 at [50]. 6 Orlov v New Zealand Lawyers and Conveyancers Disciplinary Tribunal [2015] 2 NZLR 606. 7 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 8 Legal Complaints Review Officer v Hong [2013] NZLCDT 9 at [12], [39], [56] and [64]. 9 The Tribunal and Mr Hong took no active part in this hearing. 5 February 2015. In her decision of March 2015,10 Her Honour A...

6. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...terms of the trust, to act in accordance with the terms of trust, to act honestly and in good faith, to act for the benefit of the beneficiaries and to exercise powers for proper purpose. 8 The default trustee duties include: a general duty of care, to invest prudently, to avoid conflicts of interest, not to profit from role, and to be impartial. 468 Aotea MB 124 (a) carrying out the terms of the trust: (b) the proper administration and management of the business of the trust:...

7. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...UY and Ms VZ on the purchase and for the bank, who as security for the loan advanced, required a mortgage to be registered over the property. 2 [5] In early 2009 Mr TX instructed Mr SW to register a caveat over the [suburb] property to protect what Mr TX contended was the unpaid $50,000 loan. Mr TX died in February 2010. Mr SW was named as one of the executors in Mr TX’s will and was bequeathed a five per cent share in Mr TX’s residuary estate. [6] Mr UY and Ms VZ we...

8. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

   ...156(1) of the Local Government Act (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) BROOKBY QUARRIES LIMITED (ENV-2018-AKL-150) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED FULTON HOGAN LIMITED s 2 7 4 parties Court: Alternate Environment Judge L J Newhook Commissioner R Bartlett Hearing: At Auckland on 27 and 28...

9. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

   ...way reduces or removes their liability. The reasoning for this submission was because Mr England was contracted to carry out the relevant work through his building company, and that as such he therefore did not owe and should not owe a duty of care to the claimant Trust. [55] Mr Beattie also submitted that NC Developers Limited did not owe a duty of care to the claimant Trust as its contract was not with the claimants but with Mercury Construction Limited. That submission...

10. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

    ...between Court and Bar and, in turn, depends upon an independent and strong legal profession. [39] This dicta underlines the importance which the Court attaches to the role of counsel, which may be undertaken subject to undertakings or suitable protections such as inspection of documents by counsel alone; and to any affidavit evidence which may be provided on the topic of disclosure. [40] Ms Richards submitted that she and her colleagues were well aware of their professional obliga...