Search Results

1. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...68(5) if it desseminates news which involves provision of new information to the public about recent events of interest to the public. See [52], [54] and [65]. [5] However, on the facts, Asher J made an order under the Evidence Act, s 68(2) that the protection given by subs(1) to journalists’ sources not apply in the context of the defamation proceedings brought by Mr Blomfield. [6] The evidence given by Mr Slater to the High Court addressing the issue whether he is a journalist and...

2. [2018] NZEnvC 181 Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council [pdf, 19 MB]

   ...architect for BBHL. 5 mostly designed to fit into the local topography and to be as far as possible from neighbours concerned by the proposal. There is extensive planting proposed and the landscape architects agree this needs to be carried out and cared for according to good horticultural practice3. Proposed Lots 1 and 2 (Lot 3 has been deleted by BBHL) are on the lowest terrace of the Cardrona River in the southwestern corner of the property and near the Ballantyne Road bridge...

3. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...the relevant local authority “in the manner set out in Schedule 1” to the Resource Management Act 19914. Schedule 1 has been described as a code for this process 5 although important glosses have been added by case law as discussed below. A careful reading of the text of the relevant clauses in Schedule 1 shows how the submission and appeal process in relation to a proposed plan is confined in scope. Submissions must be on the proposed plan in support of or in opposition to particul...

4. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...misconduct and one of unsatisfactory conduct. [2] The misconduct charge alleged that between 28 May 2009 and 23 June 2009, Ms Simes had wilfully or recklessly contravened Rules 11 and 11.3 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“CCC Rules”). [3] The unsatisfactory conduct charge alleged that between 1 January 2009 and 31 December 2009, Ms Simes was a party to offences under Sections 24 and 26 Lawyers and Conveyancers Act 2006. [4] The Tri...

5. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...passed on by her to Mr and Mrs Morris, or to “caveat” it as being unverified. [16] The Committee found that Ms Kek’s failure to seek further detail or ask for advice in respect of timber treatment was a breach of her duty to exercise skill, care, competence, and diligence under r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and a breach of r 6.4, under which she had an obligation not to mislead Mr and Mrs Morris by misrepresenting that...

6. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

   ...that Mr SY had failed to communicate with the beneficiaries as described, the Committee turned to consider what professional standard or standards were engaged. [51] Referring to r 7.1 of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), the Committee noted that “a lawyer is required to keep a client informed about progress on the retainer”. It held that “the beneficiaries should also have been kept informed.”3 [52] The Committee conc...

7. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...thumb screws, tie them up with unfounded complaints and send a message about who is in control of the Trust. Whilst this “bigger picture” might not be part of your direct review, it 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 2 Lawyers and Conveyancers Act 2006 (the Act). 8 illustrates what is really going on in this case, and why it was important, apart from the legality of the lawyer’s actions, to call out the lawyer’s con...

8. [2023] NZIACDT 28 – YI v MM (8 November 2023) [pdf, 161 KB]

   ...[97], [101]–[102] and [112]. 8 ASSESSMENT [34] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Code and complaint documents 17. Before entering into a written...

9. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...2015, determined, pursuant to s 152(2)(b)(i) of the Lawyers and Conveyancers Act 2006 (the Act) that by acting for Mr D and Mr H against Mr CS: (a) Mr TL had contravened rule 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct under s 12(c) of the Act. (b) In the alternative, Mr TL’s conduct “[fell] short of the standard of competence and diligence that a member of the public is entitled to...

10. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

    ...section 7(1)(b) has any relevance to the determination. [46] In Shrewsbury v Rothesay, the LCRO discussed the provisions in Australian jurisdictions parallel to the Lawyers and Conveyancers Act and also considered the purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the...