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1. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...director of ZEN) and Ms PQ, a staff solicitor, on 4 February 2019. [9] The discussion at the 4 February meeting first addressed issues relating to the flood insurance claim. Before further steps were taken on that matter, it was agreed that a careful examination of the terms of the commercial lease was required. Discussion on the issue of the flood insurance concluded with Mr JM advising the lawyers that he was experienced in reviewing commercial leases, and that he would peruse the...

2. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and 2(b) A final order prohibiting publication of the name and identifying details of the aggrieved person in this matter (Mr A (deceased)). [4] Having considered the Agreed Summary of Facts the Tribunal is satisfied on th...

3. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. A request for information or documents constitutes a search for the purposes of s 21 of the Bill of Rights Act. [2] 11. The Court of Appeal has...

4. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...security, order and discipline in prisons."[2] This principle lay behind the drafting of the Act and is reflected in the Bill. 5. We have nonetheless identified some features that appear to raise issues of inconsistency with the rights and freedoms protected by the Bill of Rights Act. However, where an issue arises a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is "justifiable" in terms of s...

5. ORC - EIC - Felicity Boyd - 15 October 2021 [pdf, 1.7 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAG

6. [2017] NZEnvC 120 Housing New Zealand Corporation v Auckland Council [pdf, 1.4 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Decision No: [2017] NZEnvC 120 of an appeal under the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 HOUSING NEW ZEALAND CORPORATION (ENV-2016-AKL-0000238) Appellant AUCKLAND COUNCIL Respondent Environment Commissioner K A Edmonds Deputy Environment Commissioner R M Bartlett Hearing: at Auckland 27 and 28 June 2017. Site vi

7. CN v EE LCRO 122 / 2011 (22 October 2013) [pdf, 113 KB]

   ...referred to the costs incurred by the beneficiaries in having to engage their own lawyer to ensure Mrs EE did her job thoroughly. The review issue is whether the Committee was right in making no adverse finding. [36] The Conduct and Client Care Rules13 set out professional standards expected of lawyers, which also cover legal executives. Those contained in Chapter 3 impose a duty to act competently, in a timely manner consistent with the terms of the retainer and the duty to t...

8. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...competed with the information required. She submitted that LTB Visa application with a business plan for the complainant and her family in August 2011. [6.6] In January 2012, Immigration New Zealand approved the LTB Visa and wrote to the complainant, care of Ms Kim, requesting passports to complete the process for issuing visas. Ms Kim emailed the complainant stating that Immigration New Zealand could not issue the visas until she paid the balance of Ms Kim’s fees. She told the complain...

9. Jackman v CAC 10010 & Cussen & Hale [2011] NZREADT 29 [pdf, 94 KB]

   ...Unsatisfactory conduct which attracts professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanction for the purposes of protecting the public. A finding of ‘unsatisfactory conduct’ is not required in every case, even where error is shown. The question is not whether error was made, but whether the conduct in question was an acceptable discharge of prof...

10. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

    ...matters relating to control of the land and responsibilities of the trustees, they fall outside the current application and should be dealt with separately. The Law [11] It is trite law that an interlocutory injunction is a discretionary remedy. It protects a plaintiff from injury to legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy: American Cynamid Co v Ethicon Limited. 4 Two essential questions a...