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1. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...sometimes augment, statutes, regulations and governmental practices. The courts were required by law to interpret a statute in accordance with the provisions of the BORA wherever possible. The courts now wielded considerable power in matters of protecting rights and freedoms. The Human Rights Act 2001 guaranteed implementation of the new judicial remedies which had been introduced to give effect to the rights guaranteed. Under the same Act, complaints relating to discrimination could b...

2. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...expenses supported by documentation and not just lump sums. 8 [14] Nan Sullivan died on 3 February 2010. She left a Will devising her Māori land interests and her assets to eight of her children. Ms Andrews was excluded from the Will. Family Protection proceedings ensued and Ms Andrews was determined entitled to a portion of Nan Sullivan’s Māori land interests but not her house. 9 [15] On 9 April 2010 Mrs Pullar instructed her lawyers to send a letter to National Bank req...

3. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...“concerns about Mr VJ’s conduct”. (2) Personal remarks [11] Whilst noting Mr VJ did not act for Mr PF, a third party, the Committee stated Mr VJ was required, pursuant to r 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) to “conduct his dealings” with Mr PF with “integrity respect and courtesy”. [12] However, the Committee decided there was “nothing in the complaint material to suggest” Mr VJ had not treated Mr PF...

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 Prior to 31 December 2001, section 151 (now repealed) of the Human Rights Act protected the public sector from the full impact of the Human Rights Act non- discrimination standard.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

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...