Search Results

1. Non-discrimination standards for government guidelines [pdf, 392 KB]

   ...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 Prior to 31 December 2001, section 151 (now repealed) of the Human Rights Act protected the public sector from the full impact of the Human Rights Act non- discrimination standard.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....

2. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...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...

3. LCRO 98/2019 EL v SV, DV & JV (31 March 2021) [pdf, 510 KB]

   ...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...

4. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...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...

5. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...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...

6. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...all Respondents who wanted to, and I, could have re-inspected the dwelling before the commencement of the repair work and whilst the cladding was being removed, or once it was removed. I think it would have been particularly helpful to look carefully at the dwelling again, before repair work started, so that the issue of the cracking of the plaster could have been revisited in a practical way. Indeed, that was primarily what I was hoping to achieve. Instead, I was presented with...

7. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...director of ZEN) and Ms PQ, a staff solicitor, on 4 February 2019. [9] The discussion at the 4 February meeting first addressed issues relating to the flood insurance claim. Before further steps were taken on that matter, it was agreed that a careful examination of the terms of the commercial lease was required. Discussion on the issue of the flood insurance concluded with Mr JM advising the lawyers that he was experienced in reviewing commercial leases, and that he would peruse the...

8. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   ...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...

9. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...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....

10. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

    LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 61 Ref: LCRO 162/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN SD, JK & DZ Applicant AND RE Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1