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1. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...alternative administrative ceremony which the witness considers binding. In particular, the presence of the option of swearing an oath on the Bible was challenged on the basis that it infringed the right to freedom of religion, conscience and belief protected by s 2(a) of the Charter of Rights and Freedoms. 14. The Court held that the inclusiveness of the legislation (i.e. the availability of affirmation or other ceremonies to bind the witness): "…need to be seen as an attempt...

2. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...valid, [Ms OH] was attempting to obtain an additional $37,050 over the original purchase price for her client by issuing a document – being the settlement statement – knowing it to be incorrect. [14] She did not consider her lawyer could have protected her “from something [she] had no knowledge of due to the serious misconduct and deception by Ms OH”. [15] Mrs PL did not agree that Ms OH had no duty to her. She “believes Ms OH, as a member of the Law Society, has fundamental...

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

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [53] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

4. LCRO 7/2024 SO v EJ and QJ (30 July 2025) [pdf, 272 KB]

   ...addressed in that initial meeting, identified in Wills and Succession (NZ), include:45 • Identifying of assets and liabilities (and forms of ownership e.g. joint tenants, tenants in common, etc). • Whether special arrangements need to be made to protect assets (e.g. custody of valuables, insurance of property, etc). • Is money needed to pay: – Funeral expenses, debts and administration expenses. – Cash legacies. – Beneficiary maintenance and/or income. 44 At par...

5. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

   ...Schedule 1, clause 14(1) (a – d)? 10 (c) Did the appellant refer to the provisions or rules? [39] In Option 5 Inc v Marlborough District Council4 “provision or matter should be given a limited interpretation” and in Royal Forest & Bird Protection Society v Southland District Council5 this includes whether “fairly and reasonably raised”. The Court is to look at the whole relief package.6 [40] More recently, holistic approaches to resolution have been endorsed by...

6. Ron Lunken Family Trust v Haywood Construction Limited [2011] NZWHT Auckland 66 [pdf, 95 KB]

   ...and partly verbal and that Haywood was responsible for both design and construction. It is claimed that Haywood breached clause 2 of the contract by failing to carry out the construction to the required standards and by breaching its duty of care as the builder. [6] The Trustees and the Council claim against Mr de Geest in tort as the project manager on the ground that Mr de Geest personally assumed the role of project manager and was responsible for supervising and co-o...

7. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

   ...[25] However, it was accepted by Mr Zhu that he neglected to have a signed contract with the complainant. Nor did he provide the Code of Conduct 2014 (the Code) to the complainant. He also admitted not checking the interim visa issue with due care. He further acknowledged that his file notes were not complete, which was a vital mistake to make. [26] Mr Zhu set out in his letter to the Authority his proposed remedial action. This included asking all 16 staff, apart from the thr...

8. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [pdf, 220 KB]

   ...There was no response from Mr Malcolm. Complaint referred to Tribunal [23] The Registrar referred the complaint to the Tribunal on 20 April 2021. It alleges the following against Mr Malcolm: (1) negligence, or alternatively a lack of due care in breach of cl 1 of the Code, by – (a) failing to lodge the application in time; (b) failing to lodge the application online; (c) failing to inform the complainant of Immigration New Zealand’s letter of 23 October 2020; (d) fai...

9. [2019] NZEnvC 136 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 9.5 MB]

   ...the Act that are particularly relevant to our decision on the most appropriate nitrogen allocation method to be used in PC10. (a) Section 6 - Matters of national importance (a) the preservation of the natural character of ... lakes ... and the protection of them from inappropriate ... use ... (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga (b) Section 7 - Other matters (a) kaitiakitanga; (aa)...

10. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

    ............................................................................................. 34 WHAT WERE THE RESPECTIVE ROLES OF MR COLE AND MR RAWSON? .......................................................................................................................... 38 DO MR RAWSON AND MR COLE OWE THE CLAIMANTS A DUTY OF CARE? .......................................................................................................................... 41 Roy Rawson ........................