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1. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. If...

2. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

   ...historically taken inability to pay into account as a discounting factor in assessing costs’ contributions (sometimes to nil) at a post litigation phase. That may lead to an unintended double- pincer effect on defendants, reducing their ability to protect their costs exposure and allowing litigants to proceed with claims with no ability to contribute to costs if their 5 [2011] NZEmpC 89 at [13]. 6 See, for example, Miller v Thomp...

3. IJ v SO LCRO 76 / 2011 (15 February 2012) [pdf, 95 KB]

   ...guardian; appeared to have misled her client; had a conflict of interest; and had caused unnecessary legal expense for the Applicant. 2 [3] The Practitioner, acting for Age Concern, filed an application to the Court for orders under the Protection of Personal and Property Rights Act 1988 (PPPR) in respect of the Applicant’s mother, Mrs G. [4] Orders were sought for the appointment of a welfare guardian and property manager. The proposed appointee for welfare guar...

4. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

   ...[Ms SM] and Mr JK separated in March 2016. [27] For these reasons, the Committee did not consider that Ms HW had a conflict of duties, and therefore had not contravened r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). 5 Application for review [28] Ms SM filed an application for review on 18 October 2017. She repeats her claim that Ms HW was aware of [Ms SM’s] relationship property dispute with Mr JK before Ms HW...

5. Frequently asked questions Victims trust and confidence in the criminal justice system [pdf, 217 KB]

   ...justice processes are is very important for driving trust and confidence in the CJS. Experiences that are perceived to be unfair can have a particularly damaging impact on trust and confidence. Some international research suggests that individuals care more about being treated fairly in justice processes than they care about the justice outcome they receive. Research shows that direct contact with the CJS can influence these perceptions. What people hear about others’ experiences...

6. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...[33] As the applicants were not clients of Mr TL or the firm, they owed the applicants only very limited duties. Primarily, the obligations applicable to Mr TL are contained in r 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which says: A lawyer must, when acting in a professional capacity, conduct dealings with others … with integrity, respect and courtesy. [34] It is understandable that Mr NH is disappointed by the fact that the freezing...

7. [2020] NZREADT 35 - SureCapital (13 August 2020) [pdf, 246 KB]

   ...[1] In a decision dated 12 June 2020, the Tribunal found the defendant, SureCapital Real Estate Limited, breached s 50 of the Real Estate Agents Act 2008 (“the Act”), and r 8.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and was guilty of unsatisfactory conduct under s 72(b) of the Act.1 [2] The Tribunal has now received submissions as to penalty. Facts [3] Section 50 of the Act provides: 50 Salespersons must be supervi...

8. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...the information had been provided. ASSESSMENT [32] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Invoices 22. A licensed immigration adviser must, each time a fee and/or disbursement is payable, provide the client with an invoice containing a full description of the services the fee relates to and/or disburse...

9. Auckland Standards Committees 2 and 3 v Mason [2019] NZLCDT 5 [pdf, 89 KB]

   ...consent to acting for both parties (and we note the agreement for sale and purchase included a waiver of independent advice by Ms W), this was not a discretionary matter because r 5.4.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) absolutely prohibits a lawyer entering into a property transaction with a client from acting where a conflict of interest arises. And: A lawyer is deemed to be a party to the transaction where the transaction i...

10. 2021-06-15 Notice of Mediation - PC 8 [pdf, 210 KB]

    ...Murray Resource Management Ltd, NO ADDRESS AVAILABLE, philh.murray@xtra.co.nz Interested Party S274 Pine Terrace Ltd Nicole Dowling, NO COUNSEL ADDRESS AVAILABLE, Nicole.dowling@ravensdown.co.nz Interested Party S274 Pomahaka Water Care Group Pomahaka Water Care Group, NO ADDRESS AVAILABLE, lloyd@m90fs.co.nz Interested Party S274 Puketoi Farming Company Ltd Puketoi Farming Company Ltd, NO ADDRESS AVAILABLE, gcrutch2883@gmail.com Interested Party S274 Qu...