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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. [2020] NZREADT 03 - AJS Rental Realty Ltd (14 February 2020) [pdf, 164 KB]

   ...auditor, but failed to do so. [12] Ms Woolley submitted that compliance with the audit regulations is not in the category of “something that is nice to have”. Rather, she submitted, compliance is mandatory, and an essential part of the consumer-protection function of the Act. She further submitted that the Agency had been put on notice by its auditor that its practices fell significantly short of the regulatory requirements, and that those shortcomings could lead to a breach o...

8. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...property about those issues, and the remedial steps taken. [8] Accordingly, we find Ms Mansell guilty of misconduct under s 73(a) of the Act (disgraceful conduct). Penalty principles [9] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”1 The Act achieves these purposes by regulating agents, branch ma...

9. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...In late 2004 Mr FG took instructions from CE and his wife, with regard to new wills, and on 4 November 2004 he sent a letter to them enclosing a draft of their wills. 2 He also recommended they should establish both property and personal care and welfare EPAs. [4] Mr FG then met with Mr and Mrs CE on 16 December 2004 at which time he asserts they signed the EPAs. He also asserts that the EPAs were then signed by the attorneys by no later than 11 January 2005.1 [5] It wou...

10. ORC & Ngai Tahu Ki Murihiku - EIC - Dean Whaanga - 17 September 2021 [pdf, 146 KB]

    ...held the position of Kaiwhakahaere since 2017. 4 I regularly work with local authorities, including Otago Regional Council (ORC or Council), and other agencies at the governance and operational levels to support the well-being of whānau and protect the rights, interests and values of Ngāi Tahu ki Murihiku. I regularly engage with ORC through Mana to Mana and Te Rōpū Taiao forums, representing Papatipu Rūnanga as a result of our Charter of Understanding with them1. 5 I hav...