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1. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...was a clear conflict between the interests of Ms KJ and the interests of the law firm. Mr WK should have insisted that Ms KJ have independent advice. By failing to do so, Mr WK has breached both rr 5 and 5.4. [37] Rule 6 requires a lawyer to “protect and promote the interests of the client to the exclusion of the interests of third parties”. That includes excluding the interests of the law firm. The irrevocable instructions included provisions which protected the interest of...

2. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...declarations used by the customs broker, Customs has sought recovery of the unpaid GST and duty from them. Those elements are not controversial, however some of the circumstances are contentious: [6.1] Customs say the appellants failed to take adequate care, and criticises them for not making their own inquiries, and for that reason say they should bear some of the responsibility. [6.2] Customs has an ongoing investigation, and was reluctant to provide evidence of the respective...

3. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...for G, having previously acted for Mr AB jointly with G. He says that Mr EF should either have declined to act for G, or obtained his informed consent to his doing so. [11] Mr AB says that Mr EF has breached r 6.1.2 of the Conduct and Client Care Rules.4 In addition, Mr AB says that even if he had provided informed consent, Mr EF was nevertheless in breach of r 6.1.3 because Mr EF breached his duty to Mr AB by using information gleaned from Mr AB during the time that Mr EF had a...

4. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...18 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 21 The liability of the First respondent, THL, in contract 21 The liability of the Fifth respondent, Brown Day, in tort 25 • The standard of care 27 • Evidence of the standard 27 • The standard of plans and specifications generally 29 • The standard of the plans and specifications of Brown Day 35 CLAIM NO.00499 – GRAY DETERMINATION.doc 3 •...

5. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...engine braking on any road in contravention of a prohibition or restriction made by Auckland Transport. 17 Unformed legal roads (1) Auckland Transport may by resolution restrict the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users. (2) A person must not use a motor vehicle on an unformed road contrary to a restriction made by Auckland Transport. Part 3 Parking 18 Stopping,...

6. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...with them. They wished to be able to participate in a multi-offer and said that the licensee may have achieved a better price for his client. [12] The Committee found a breach of Rules 5.1 and 6.2 of the Real Estate Agents Act (Client Conduct and Care) Rules 2009. [13] Rule 5.1 reads: “A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.” Rule 6.2 reads: “A licensee must act in good faith and deal fairly w...

7. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...was arrested for trespass and forcibly removed from the premises and into the Police car. MSD conducts employment investigation [27] In the days after the sit-in, Mrs Banaghan, who was then the General Manager, Residential, High Needs and Care Services, learnt of the incident. She was the decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake...

8. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

   ...the performance standards will not be met). Such activities include renewable energy generation facilities, network utilities infrastructure and mineral extraction and processing activities. [20] The Mangawhai Harbour Overlay was established to protect the cultural, heritage, landscape and ecological values of the Mangawhai area. The Mangawhai Structure Plan was adopted in 2005. It anticipated growth and further subdivision, including rural­ residential development, in the Mangawhai...

9. Whats New for lawyers providing Legal Aid

   ...October 2025 The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 comes into force Friday 17 October 2025.  The Act adds a new ground for dissolution under section 39A, allowing: A person with a final protection order against their spouse or civil union partner to apply for dissolution without the two-year separation requirement.A joint application if both parties hold final protection orders against each other.The criteria for the new ‘p...

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10. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

    ...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...