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1. E79 CVA - Te Kawerau Iwi Tribunal Authority [pdf, 1.4 MB]

   ...through Hikurangi (West Auckland) and lands around the upper Waitematā Harbour and North Shore, and into the southern Kaipara and Mahurangi. The DoS recognised and apologised for breaches of the Treaty of Waitangi by the Crown, and for its failure to protect lands which were reserved for Te Kawerau ā Maki. The Settlement Claim Act now gives statutory acknowledgements to Te Kawerau ā Maki cultural, spiritual, historical and traditional associations, and requires relevant authorities to h...

2. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...Maru Trust v Ngāti Whātua Ōrākei Whaia Maia Ltd [2021] 3 NZLR 352 (HC), at [68]. 13 RMA, ss 32, 32AA, as discussed in Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [2021] NZEnvC 189, at [27]-[30]. 9 development and protection of natural and physical resources.14 Pt 2 directions and considerations [19] The preparation of the PDP is to be in accordance with QLDC’s RMA functions (under s31) and pt 2.15 QLDC’s functions are already addressed in the...

3. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [pdf, 286 KB]

   ...communication. [11] A typical application was lodged on 21 December 2015 on behalf of one of the clients.3 Section B3 on the form identified Ms Shearer as the person for communications. It stated that she could be contacted at IAL Employment, care of the training centre, the Philippines street address of which was given. Ms Shearer’s New Zealand email address (at Immigration Assist) and mobile telephone number were given. In section H,

4. [2023] NZEnvC 277 Te Rūnanga o Ngāti Whātua v Auckland Council [pdf, 9.2 MB]

   ...MATTER of an application by Waste Management NZ Ltd for resource consents to construct and operate a new landfill at 1232 State Highway 1, Wayby Valley, Wellsford BETWEEN TE RŪNANGA O NGĀTI WHĀTUA (ENV-2021-AKL-076) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2021-AKL-078) DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-079) FIGHT THE TIP: TIAKI TE WHENUA INCORPORATED (ENV-2021-AKL-082) NGĀTI WHĀTUA ŌRĀKEI & ENVIRONS HOLDINGS...

5. LCRO 242/2014 HW v DL [pdf, 122 KB]

   ...obliquely addressed the conflict of interests arising between the various parties when it addressed the failure by the respondent to decline to act for all parties. [19] Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: A lawyer must not act for more than 1 client on a matter in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations owed to 1 or more of th...

6. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...responses of the parties, the Standards Committee determined, pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 (the Act), to take no further action with regard to the complaint. The Committee perceived the Conduct and Client Care Rules relevant to the complaint were 2.3, 5, 6, 10, 12, 13 and 13.3. [2] The Applicant sought a review of the Committee‟s decision on the basis that the “Standards Committee erred in fact and in law”. He particularly chall...

7. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [pdf, 320 KB]

   ...another lawyer, Mr BN, supporting her approach. He described his experience in dealing with leaky building claims, including acting for local authorities such as the Council. [43] Mr BN said that “the proposal to transfer the claim requires careful consideration to ensure that it doesn’t weaken the claimant’s case”. He considered that where limitation issues might arise it is important to obtain “agreement with the defendant’s solicitors prior to the transfer that any...

8. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...would be responsible for pursuing such an action. In default, Mr Singh could raise these issues at the same time as he sought an order authorising him to continue with his proceedings against Corporate Energy. However, Mr Singh would need to give careful consideration to costs incurred in pursuing any such claim against the directors in this way. Even if successful, any recovery procured from the directors might simply have the effect of providing funds for distribution to all of...

9. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...Baillie also points to the lack of any agreement from Oranga Tamariki to place Mr Baillie on “garden leave” pending determination of his substantive claim. [32] Oranga Tamariki points to its obligations to provide the highest possible level of care to some of New Zealand’s most vulnerable children and young people and that reinstating Mr Baillie on an interim basis would not give those vulnerable people a sense of feeling safe. Oranga Tamariki says that any loss of remunerati...

10. Singh v Devi [2011] NZIACDT 22 (7 July 2011) [pdf, 103 KB]

    ...Conduct developed pursuant to section 37 of the Act (published www.iaa.govt.nz) is also material. Section 44(2) makes a breach of the Code grounds for upholding a complaint. [3] Clause 1 of the Code requires a licensed immigration adviser to, with due care, diligence, respect and professionalism, perform his or her services, act on proper instructions, and pursue their clients’ interests. That clause also requires personal documents to be secured and returned to a client. Factual Iss...