Search Results

1. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...Committee: (a) noted the “differing interpretations” of the trust deed, and the “application” of the Trustee Act 1956 had given rise to VF and OZ seeking Mr QX’s advice; (b) noted lawyers owe their clients a duty “to take reasonable care”, and be competent, but that does not extend to a duty to be right; (c) observed lawyers “routinely reach differing views and interpretations” on matters but it is not the Committee’s role to determine whether a lawyer’s...

2. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...sought a copy of the opinion from Mr HD on which Mr GZ advised he had relied. [28] Mr HE responded to Mr TE confirming that he had advised Mr GZ that it was appropriate to apologise for his conduct and that the apology provided by Mr GZ was carefully framed by him as one which he could sincerely make. Mr HE also advised that the opinion from Mr HD was not a written opinion but “rather advice about the contents of the pleadings and correspondence”. [29] In correspondence wit...

3. 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...

4. 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...

5. 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...

6. [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...

7. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Parliament’s right to control its own affairs for matters within its jurisdiction (exclusive cognisance).   In practical  terms, parliamentary privilege provides  immunities  from  legal proceedings  for actions  done and  things  said  in  the  context of parliamentary proceedings.    It protects  the participants  in  parliamentary proceedings, including parliamentarians, people appearing before Select Committees,  and people reporting ...

8. 2021-10-27 ORC - PC8 - Common Bundle - Volume 3(a) [pdf, 30 MB]

   ...Regional Plan: Water for Otago (9 October 2020) CB162 3A Appendix A: Minister for the Environment’s direction to refer Plan Change 8 and Plan Change 1 to the Environment Court (8 April 2020) CB232 3B Appendix B: Letter from Environmental Protection Authority commissioning Skelton report (15 September 2020) CB234 3C Appendix C: Minister’s letter in response to Skelton report CB236 3D Appendix D: Professor Skelton – Investigation of Freshwater Management and Allocation...

9. 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...

10. 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...