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1. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...referred to a principle articulated by Cook J in Allied Finance and Investments Ltd v Haddow & Co [1983] NZLR 22 (CA): …the relationship between two solicitors acting for their respective clients does not normally of itself impose a duty of care on one solicitor to the client of the other. Normally the relationship is not sufficiently proximate. Each solicitor is entitled to expect that the other party will look to his own solicitor for advice and protection. 3 Hence,...

2. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...arrived on the Court file. [40] The Court environment is a secure and managed environment, in which all who handle the vast and diverse raft of documents that arrive at the Court on a daily basis are well schooled in the obligation to preserve and protect the confidentiality of all parties who are engaged in proceedings. [41] I think it unlikely that the decisions would be viewed by any Judge presiding over any subsequent proceedings for recovery of fees as potentially compromising....

3. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. The Bill contains several clauses relevant to “a search or seizure”: • cls 46 and 47 allow the Bank to require informatio...

4. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

   ...standards of conduct are maintained in the occupation concerned. [11] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

5. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...or to provide particular information.[3] The right extends to political and religious expression as well as commercial speech (such as advertising).[4] Overseas case law suggests, however, that not all forms of expression are equally deserving of protection and commercial speech is considered to reside within the periphery of the right.[5] The Courts have taken the view that commercial expression is of less importance than political or religious expression and consequently limitations on...

6. Ikbarieh v Hammadieh [2014] NZIACDT 111 (13 October 2014) [pdf, 385 KB]

   ...document, but drafted a new contract and attempted to charge $720 for doing so. [6] The Tribunal upheld the complaint on three grounds: [6.1] Mr Hammadieh delivered defective advice on the complainant’s immigration prospects, and did so without the care, diligence and professionalism required by clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code); [6.2] He also breached the requirement to set out fees and obtain an agreement in writing as required by c...

7. BORA Building Bill - Preliminary [pdf, 55 KB]

   ...(e.g. requiring them to be accredited or certified); • encouraging a higher level of accountability and competence by participants in the building industry (e.g: providing for the licensing of building practitioners); and • improving consumer protection (e.g: providing for implied warranties and standard contract terms). Particular clauses of the Bill considered for consistency with the Bill of Rights Act 9. We have considered the consistency of the Bill with the following sect...

8. Otago Standards Committee v Cottrell [2024] NZLCDT 25 (27 August 2024) [pdf, 117 KB]

   ...their responsibilities to their profession. [2] Ms Cottrell’s actions fall under this description, and after the hearing we determined that there was no disciplinary outcome short of strike off which would meet our statutory obligations to protect the public and uphold the standards and the reputation of the profession. [3] On 6 August 2024, we made an order striking Ms Cottrell from the roll of barristers and solicitors of the High Court of New Zealand. This decision sets ou...

9. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...Irrigation Company Limited; (i) New Zealand Deer Farmers Association; (j) New Zealand Pork Industry Board; (k) Ngāi tahu ki Murihiku; (l) Otago Fish and Game Council and the Central South Island Fish and Game Council; (m) Pomahaka Water Care Group; (n) Ravensdown Limited; (o) Royal Forest and Bird Protection Society of New Zealand Incorporated; and (p) Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (Kai Tahu ki Otag...

10. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

    ...Sabatier in its reply to costs, dated 6 July 2018, at [30). ~ 5 Sabatier, reply to costs, dated 6 July at [7]. ,J W ~. , ,'Ii ~t), ~ j/ .~~ vi' ) ---. .. -"~.-, .~<:: ... / (()/lflT 01; . / 4 [10} Sabatier cites Titirangi Protection Group Inc & Ors v Watercare Services Ltd [2018} NZHC 1026 in support of a proposition that it is unjust to award costs where there has been a denial of a right to participate under the Act, when its participation would other...