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1. LCRO 8/2022 QQ v LW (8 October 2024) [pdf, 227 KB]

   ...Mr FM was not prejudiced in any way. That must necessarily be a subjective assessment and, whether or not it is correct, does not alter the fact that Mr QQ interfered with the relationship between Mr LW and his client. [127] The community must be protected from interference in the relationship between a client and his or her lawyer of choice and the profession must be protected from interference by another lawyer in that relationship. [128] I am firmly of the view that it is in the int...

2. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...were: The manner of attachment of the pergola to the cladding which he said would leak in time. Bubbling in the cladding indicating the need for horizontal expansion joints. Flat parapet tops which would allow moisture ingress unless protected by a waterproofing membrane. The stainless steel handrail which also should be protected by waterproofing underneath the base of the posts. Page | 6 Roof apron flashings which ought to have kick-out flashings to pr...

3. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...or a determination of the Environment Court states otherwise. [10] The primary purpose of s 116 of the Act is to specify when a resource consent commences. Relevantly in this case, s 116(1) specifies the time of commencement on a basis which protects any right of appeal by suspending commencement until any appeal right has expired or any appeal has been determined. There is a reservation to the Court of a power to determine a commencement otherwise than as specified in the sectio...

4. [2011] NZEmpC 137 Service and Food Workers Union Nga Ringa Tota Inc v PACT Group Charitable Trust [pdf, 61 KB]

   ...a “welfare institution” and of a “prison”. A residential welfare institution is arguably for the purpose, or at least the predominant purpose, of the welfare of its residents, whereas a prison is, or is at least predominantly, for the protection of the community and the punishment and rehabilitation of offenders. [9] Although the defendant seeks to rely in its argument that it does not operate residential care facilities upon a determination of the Employment Relations Au...

5. [2017] NZEnvC 172 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 185 KB]

   ...MOANA TRUST (ENV-2015-AKL-000134) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent Judges JA Smith and DA Kirkpatrick At Auckland on 18 October 2017 Mr R Enright for Motiti Rohe Moana Trust, and as agent for Royal Forest & Bird Protection Society of New Zealand Inc Ms A Neems for Ngati Makino Heritage Trust, Ngati Ranginui Iwi Incorporated Society Ms M Hill for Bay of Plenty Regional Council Mr J Prebble and Mr N Anderson for the Attorney-General Ms K Jordan for Carru...

6. BORA Motor Vehicle Sales Amendment Bill [pdf, 377 KB]

   ...4. The penalty for this offence, prescribed in section 118 of the Act, is $50,000 for an individual and $200,000 for a body corporate. 5. We have considered whether this clause is a prima facie breach of section 9 of the Bill of Rights Act, which protects the right not to be subjected to disproportionately severe punishment. We note that the penalty is high for an offence which we consider is regulatory in nature. We further note that, while other sections in the Motor Vehicle Sales Act a...

7. National Standards Committee 1 v Peters [2020] NZLCDT 34 (27 October 2020) [pdf, 86 KB]

   ...appropriate to recognise the professional breach. 6 Orders 1. There will be a censure of the practitioner in the following terms. Censure Mr Peters, as you are now acutely aware, you have breached a fundamental duty of lawyers to “protect and hold in strict confidence all information concerning a client”. Members of the public must be able to speak with their lawyers with complete confidence and trust that their communications and presentation will remain private....

8. McCreath v Attorney-General (Interim Non-Publication Order) [2014] NZHRRT 59 [pdf, 46 KB]

   ...granted the court or tribunal must identify and weigh the interests of both the public and the individual seeking publication. [11] In the present case the affidavits by Nurse A and Nurse B establish: [11.1] They provided immediate and appropriate care to Mr McCreath and appear to have been named as defendants simply because their initials appear in the Controlled Drugs signing sheet as having administered controlled medication to Mr McCreath on 21 April 2012. Their names were provided...

9. Maori Land Court Recusal Guidelines [pdf, 226 KB]

   ...consideration will be needed in situations where a judge’s spouse, partner or a family member has an involvement or a financial interest in the outcome of a proceeding. Disclosure of conflict of interest Principles Adequate disclosure protects the integrity of the judicial process and is also a defence against later challenges to the decision. Disclosure does not constitute an acknowledgement that the circumstances give rise to a reasonable apprehension of bias....

10. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

    ...statements as to whether or not their client was the settlor of any funds. The attempt to correct this issue does not amount to a complete answer to all the issues the judge identified. [16] The lawyer also observed the lawyer’s evidence was carefully scrutinised by senior lawyers, including a prominent lawyer. That does not relieve the lawyer of the responsibility for the evidence provided, as they had the duty to the Court. Further, the scrutinising lawyers would have only had i...