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...represented, she suffered substantial loss as a consequence of that failure, Ms NV is raising the spectre of a negligence claim. 5 Application for review, Part 8. 10 [39] Negligence involves a duty of care, a breach of that duty and some loss that has been caused by the breach of duty. The proper place in which to air such an allegation is the court. In that forum there is opportunity for claims of and defences to negligence t...
...context of the Officer having directed the parties to attempt to negotiate a settlement, in my view, opportunity for a Review Officer to 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3.8. 5 Lawyers and Conveyancers Act 2006, s 201. 6 Section 201(4)(c). 8 exercise a discretion to continue with the review process, in circumstances where there has been a settlement reached following a directed med...
...trustee in the administration of Mr OM’s estate. 6 Standards Committee determination at [10]. 9 (b) Whether Mr EL: (i) acted competently and in a timely manner consistent with the terms of his retainer and the duty to take reasonable care (as required by r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (ii) charged the estate a fee that was more than fair and reasonable – having regard to the observations by the cost...
...setting out the terms of trust was also issued. 5 Clause one of the trust order states that the object of the trust is to preserve the interests of Parehuia Durie and to facilitate the administration of the interests vested in the trustee and to best protect and promote the interests of the trust’s beneficiary. From that time forward Mrs Graham was Ms Durie’s primary caregiver with authority over the latter’s personal affairs including her Māori land interests and income. A...
...is occurring in several locations throughout the dwelling. As noted in the opening paragraph, this dwelling represents a high risk to moisture ingress. Monolithic cladding attached to the dwelling with no soffit or eaves providing any wall protection and a flat roof construction with parapets to the perimeter. Page | 8 [16] Mark Fuller subsequently lodged a claim with the Weathertight Homes Resolution Service in March 2005. [17] The Department of Building and Ho...
...available through which to lodge complaints about allegedly discriminatory public sector activities. Such matters had to be (and still can be) pursued through the courts. Prior to 31 December 2001, section 151 (now repealed) of the Human Rights Act protected the public sector from the full impact of the Human Rights Act non- discrimination standard. Section 151(1) stated that the Human Rights Act did not override other enactments, and those enactments stood even if there was discrimination....
...conduct of the respondent, Ms FB. Background [2] Mr UY is engaged in proceedings that are before the Family Court. [3] Ms FB acts for the opposing party. [4] In the course of the Family Court proceedings, Mr UY filed an application for a protection order. 2 [5] In submissions responding to that application, Ms FB described Mr UY’s application, as an application for variation of a parenting Order “in drag”. [6] Ms FB was required to file a memorandum with the court....
...Mr Hodgson, a building surveyor, acted as engineer for the remedial work to be done. He obtained a schedule of quantities and estimates for the work, appointed a builder, and supervised the remedial work. During such remedial work, Mr Hodgson carefully maintained a full record of the repairs, which included a photographic record, and usefully listed the defects in his evidence. With this list, Mr Hodgson found that not all the defects he listed had actually caused damage. [5...
................................................................................................................................... 23 Brown [2018] NZCorC 74 (26 September 2018) .................................................................... 23 iii Aged care ................................................................................................................................. 23 Russo [2018] NZCorC 64 (25 July 2018) ......................................................
...Contents Coroners’ recommendations and comments............................................................................... i All recommendations and Comments — 1 April to 30 June 2018 ............................................. 4 Health care ................................................................................................................................. 4 Maguire [2018] NZCorC 28 (9 April 2018) ......................................................................