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1. 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:...

2. 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...

3. [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...

4. [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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...