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1. Auckland Standards Committee 2 v Parshotam [2016] NZLCDT 15 [pdf, 110 KB]

   ...accused, another practitioner, Mr Horsley,1 [4] The Tribunal is concerned not to accord unsustainable weight to the aggravating feature. However, we would not wish to see the penalty process in disciplinary proceedings, with its focus on public protection rather than punishment, assuming the more mathematical and precise features of criminal sentencing. faced an additional charge of misconduct, which he admitted. That led to a three year suspension, as compared with the two year...

2. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...decision [18] Ms JG filed her complaint with the New Zealand Law Society Complaints Service on 23 March 2020. [19] The substance of her complaint was that: (a) Ms VK had failed to apply promptly and urgently for an urgent border alert under the Care of Children Act 2004; and (b) prior to her meeting with Ms VK she had made it clear that she wanted an application to be made for a border alert as a matter of urgency; and (c) Ms VK had delayed in forwarding the request to Interpol;...

3. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...Lawyers Complaints Service (LCS) on 31 October 2019. He claimed Mr VE and Mr DP, by acting for more than one client on the proposed restructure of the company, contravened r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).4 (1) Company, shareholders [16] He alleged since “at least November 2018” whilst purporting to act for the company on the restructure proposal, Mr VE and Mr DP, in conflict with their professional duties owe...

4. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...of her case before the ERA was lacklustre. 8 [36] In the course of providing regulated services to their client, a lawyer must act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.3 [37] A lawyer’s conduct may be deemed to be unsatisfactory if, in the course of providing regulated services to their client, their conduct falls short of the standard of competence and diligence that a member of the public is entitl...

5. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...on three occasions when it should have done so resulting in loss to them. The Lees also claim against the developer, GIL (2008) Limited (GIL), formerly known as Goodland Investments Limited, and say that GIL breached the non-delegable duty of care it owed to them as future purchasers to ensure the house was built properly. [4] Lai Fook Choy was joined as a respondent to the claim following an application by the Council. Mr Choy installed the cladding on the house. It was al...

6. Ngati Pahauwera Affidavit on behalf of Trustees [pdf, 3.1 MB]

   THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2011-485-821 The Marine and Coastal Area (Takutai Moana) Act 2011 An application by NGATI PAHAUWERA DEVELOPMENT TRUST for Customary Marine Title and Protected Customary Rights An application by NGATI PAHAUWERA (as originally filed by WAYNE TAYLOR, KUKI GREEN AND RUKUMOANA WAIN OH U) for protected customary rights AFFIDAVIT OF TORO EDWARD WAAKA ON BEHALF OF THE TRUSTEES OF THE NGATI PAHAUWERA DEVELOPMENT AND TIAKI TRUSTS...

7. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...[15] This position was maintained by Mr Williams in cross-examination:3 2 Notes of Evidence pp 14-16. 3 Notes of Evidence p 74, from line 4. 7 Q. And so, she was getting the dual protection of someone who would make sure from a legal perspective that things are kosher, that they were happening as they should, and someone who could be trusted to make the ultimate decisions as the trustee. You heard her give that evide...

8. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...the appellants did not demonstrate clear opposition to the investment. Conclusion Lower Court findings [34] The lower Court‟s overall conclusion was that all five trustees, including the appellants, failed in their duty to act prudently and protect the assets of the Trust. It noted they could have sought further direction from the Court at any time but did not take that step. It was satisfied their conduct regarding this investment was sufficiently serious to warrant their rem...

9. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [36] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:9 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

10. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

    ...RVZ.4 The memorandum identifies some seventeen associated issues (and some related sub-issues) in essence as matters that go to informing the most appropriate zoning outcome. These can be summarised as follows: (a) would each zoning option protect the landscape values of the ONL having regard to associated landscape sensitivities? (b) would RVZ zoning of Matakauri Lodge be incompatible with the surrounding RLZ zoning and harm PDP plan integrity? (c) should any site-specific mo...