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1. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

   ...131. 10 At [118]. 11 Ibid at [48]. 6 16 The minute on the scope of the inquiry issued by Judge Marshall has already noted, recounting the recent decision in Wallace v Attorney-General,12 that s 8 refers not only to the need for the state to protect the right to life, but (as part of that right) the need for the state to investigate certain deaths. Section 8 “not only permits, but in fact requires, the inclusion of an obligation to investigate a death that has occured at the h...

2. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...at the conclusion of the High Court appeal (unless the decision ordered otherwise). In addition, Mr IR was to execute an agreement to mortgage the property to ACZ (Mr SF’s firm) together with a Power of Attorney. A caveat was to be lodged to protect the agreement to mortgage. The purpose of this documentation was to enable ACZ to call on the undrawn portion of the new TSB loan to enable the costs of $9,000 (and any further costs) to be paid to Ms IS. [16] In addition, Ms IS was...

3. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...delivered its decision on 25 November 2016. [9] In that decision, the Committee notes it was referred a complaint file in relation to Mr LK only. The Committee considered four issues: (a) Whether Mr LK failed to act competently and take reasonable care in relation to service of documents and court proceedings. (b) Whether Mr LK failed to draw Mr NM’s attention to the conflict of interest matters that arose in relation to the alleged error with service of documents. (c) Whether...

4. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...issues for consideration as being: (a) whether Mr WE used information that is confidential to a former client for the benefit of any other person or of himself in breach of r 8.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) whether Mr WE acted against a former client in breach of r 8.7.1. [26] The Committee was satisfied that Mr VF had been Mr WE’s client for the Police prosecution. It considered that Mr WE’s explana...

5. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...warranted further inquiry being made of those bodies. [11] The Committee recorded the facts it considered relevant, and addressed each of the concerns it had listed by reference to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), taking into account the parties’ submissions. [12] Mrs JE’s key submission was that her primary duty was to her clients and not to Mr AC and Dr SY. Mrs JE’s view was that all of her conduct was appropriat...

6. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...of regulated services (not being a contravention that amounts to misconduct under [s] 7)”.8 [42] The professional duties that bind lawyers when acting for clients are contained in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which, as the name suggests, concern the way in which lawyers must (a) conduct themselves, and (b) act for their clients. [43] Although the Rules, which expand on lawyers’ fundamental obligations, do not rep...

7. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...issued Code Compliance Certificate No. 1 pursuant to section 43(2) of the Building Act 1991 in respect of the work under Building Consent SR39887. [14] During the course of construction documentation was addressed to the family trust, sometimes care of Roger Walker Limited, and forwarded to the trust‟s solicitors for payment. There were also discussions between the trust and the purchasers in relation to variations in the building works and later discussions in relation to f...

8. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 182 of the Resource Management Act 1991 (the Act) appeals under clause 14 of the First Schedule to the Act ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-201S-AKL-129) NGATI MAKINO HERITAGE TRUST (ENV-201S-AKL-140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-201S-AKL-141) Appellants BAY OF PLENTY REGIONAL COUNCIL...

9. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...Following a complaint the Standards Committee conducted a hearing and found the appellant to have breached the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 and to have acted incompetently contrary to Rule 3 of the Conduct and Client Care Rules and also to have breached Rules 5, 10 and 4.4. The penalty imposed on the practitioner was a fine of $10,000 together with costs of $2500 and refund of his fees paid by the complainant. He was also to make his practice avail...

10. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

    ...triggered at the point of detention, and a statutory requirement to provide information while arrested or detained raises a prima facie issue of inconsistency under this section. 23. The Canadian Supreme Court has outlined the significant degree of protection that the law affords to the right to refrain from making a statement when arrested or detained. In R v Hebert,[6] McLachlin J (as she then was), said: The purpose of [the right] is two-fold: to preserve the rights of the detained i...