Search Results

1. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

   ...company of some substance was involved. [28] Heath J in Sunset Terraces,6 whose decision was upheld on appeal by the Supreme Court, defined the duty of a local authority as follows: In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in the plans and specifications submitted with the building consent application or is known to the Council to be for that then purpose. The du...

2. 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...

3. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...named employee [there is no suggestion the use of this 3 word referred to any other situation but in the witness box, i.e. there was no physical threat to Ms X’s safety]; (f) Mr IB had breached a number of the Rules of Conduct and Client Care (RCCC);1 (g) Mr IB had not acted with integrity, respect and courtesy in detailing how he proposed to treat a witness; and (h) the settlement of the substantive trial did not affect KZ’s wish to continue with their complaint. [11]...

4. 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...

5. 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...

6. 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...

7. [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...

8. 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 ...

9. 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...

10. 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...