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1. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...(Lawyers: Conduct and Client Care) Rules 2008. 2 Background [4] The applicant was married to Mr DC (Mr DC). It was a second marriage for both. [5] Mr LB says that in 2016, the applicant signed Enduring Powers of Attorney (EPAs) under the Protection of Personal and Property Rights Act 1988 (the PPPR Act) in favour of him and his siblings. [6] In December 2021, the applicant signed new EPAs in favour of Mr DC. Mr LB says that the applicant subsequently became concerned abou...

2. 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...

3. LG v Otago SC LCRO 275 / 2011 (29 May 2012) [pdf, 80 KB]

   ...discretion as to the seriousness of the breach and whether the breach is such as could be considered to be misconduct as defined in section 7 of the Act. If that is the conclusion of the Committee, then it must refer the matter to the Tribunal, being careful not to draw the conclusion that the conduct does constitute misconduct. As the Committee has correctly noted, that is a finding that only the Tribunal can make. [25] However, if the Committee forms the view that the conduct could...

4. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...multidisciplinary teams of experts – Role of lawyer – advocate – Role of expert – objective / impartial expert – Planners should not become advocates – Lawyers role critical • The Application – Application needs to be prepared very carefully – Prescribed forms – Needs to reflect strategy – Make sure it covers everything client needs to do – Cannot get what you do not apply for! – Arapata Trust v Auckland Council • AEE – Section 88 / Schedule 4 set...

5. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...witnesses or evidence to support her claims. In making this decision BT understood that the Tribunal would make its decision based on the relevant law including the sale and purchase agreement. [8] As stated at hearing, to determine this matter I have carefully considered the extensive written documents provided, the oral evidence of the parties, and the relevant law, including the law of contract, the Contract and Commercial Law Act 2017 (CCL), the Fair Trading Act 1986 (FA) and the...

6. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...request an oral hearing. 7 ASSESSMENT [31] 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. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in wr...

7. LCRO 87/2018 QZ v FZB (20 December 2019) [pdf, 231 KB]

   ...measure of support for Mr QZ’s position that he was entitled to claim a lien over the trust’s documents for the period ending 7 June. [116] In his 7 June 2017 letter to Ms TL, Mr QZ refers to his fees for his attendances “associated with protecting and promoting RP’s position as a trustee”, including his attendances at the 26 May meeting, being “legitimately recoverable” by RP from the trust.49 However, because I have found it was not open to Mr QZ to charge those fee...

8. NHoO-Ngati-Kapu-O2NL-CIA-20-June-2022-v2.pdf [pdf, 1.3 MB]

   Ngā Hapū o Ōtaki – [Ngāti Kapumanawawhiti] Cultural Impact Assessment 2022     [Ngāti Kapumanawawhiti] CULTURAL IMPACT ASSESSMENT of the Ōtaki to North of Levin New State Highway Option Prepared by Ngāti Kapumanawawhiti for Waka Kotahi – NZ Transport Agency Date issued: Address: Contact: 20 / June / 2022 C/- 88 Mill Road Ngā Hapū o

9. Dr Roger Grace - Evidence in Chief [pdf, 667 KB]

   ...zone on fish life of Astrolabe Reef, e) Effects on fish life of lifting the exclusion zone, f) Effects of waahi Tapu and waahi Taonga on mauri, especially ecological matters and taonga species, g) Marine Spatial Planning and a network of Marine Protected Areas for the Bay of Plenty, h) Creation of Motiti Natural Environment Management Area, i) Lessons from Mimiwhangata (partial protection) and Tawharanui (no­ take) MPAs, j) Likely outcomes of proposed Motiti Natural Environmen...

10. National and Auckland Standards Committees v Orlov [2015] NZLCDT 3 [pdf, 163 KB]

    ...submissions Mr Orlov ranged over a number of topics which were helpfully summarised for us by Mr Hodge in his submissions in reply, as follows: 1. No public purpose is served by the charges being heard. 2. The charges do not relate to public protection. 3. The charges are “incomprehensible” and unsupported by evidence. 4. These sorts of charges are not normally brought against practitioners. 5. Delay. 6. Insufficient time to prepare. [6] We preface our remarks about each o...