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1. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...as a result of the house leaking. WAS MS COLLIE ACTING AS A DEVELOPER? [63] Ms Brebner and Mr Wentzel claim that Ms Collie was acting as developer in respect of the house. They claim that she owed a developer’s non-delegable duty of care to future purchasers and that this duty was breached when the house was built with defects. [64] The rationale for the imposition of a duty of care on developers was discussed in Body Corporate 188273 v Leuschke Group Architects Lt...

2. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 KB]

   ...taken a different view of the evidence that was available to the Committee, but have reached the same conclusion as the Committee, namely that there is no jurisdiction to consider the conflict of interest aspect of the complaint. [34] Having carefully considered all of the information available on review, I have identified no reason to interfere with the Committee’s discretion, or its decision in respect of the allegations of negligence and failure to produce information. The p...

3. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...Purposes and principles of penalty [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. [14] As well as that, an assessment of proportionate penalty includes consideration of the following:...

4. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...instructions to contact his former partner’s lawyer. This nuanced approach reflected a strategic decision to acknowledge the application without committing to a detailed response to it, while still ensuring that preliminary measures were taken to protect Mr VG’s interests. [65] When it became apparent that Mr VG would need to file a response to the application filed in the Family Court, he endeavoured to attend to that himself. [66] His attempts to do so were unsuccessful. [67] A...

5. [2025] NZLVT 007 - Burney v Christchurch City Council (13 March 2025) [pdf, 287 KB]

   ...Land Recovery) Zone is a “holding” zone that will be subject to a later plan change to confirm the zoning pattern which will be informed by the outcome of the ‘Residential Red Zone’ programme. In the interim period, there is a need to protect the flat land ‘Red Zone’ against development and activity which may compromise or impede options for the long term recovery and the future use of the zone. [emphasis added] [21] In the evidence of Ms Hansbury, senior planner for th...

6. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

   ...having regard to Ms Tian’s record, her attitude to clients and to the disciplinary process, cancellation of her licence is an appropriate step. It is not opposed by Ms Tian who was notified this sanction would be considered.14 The public must be protected. Further comprehensive retraining would not be an adequate protection. There is no evidence the retraining directed in the earlier sanctions decisions has remedied her lack of professionalism. Cancellation is appropriate, no...

7. Waitangi Tribunal theme L - Trust administration of Māori reserves [pdf, 3.3 MB]

   ...every quarter, without deduction or delay, all sums received by you on account of the reserves. 13 ID. Some origins of the Crown's position on reserves can be found in a pamphlet prepared by Standish Motte, a prominent member of the Aboriginal Protection Society lobby in Britain. The pamphlet was entitled: 'Outline of the System of Legislation for securing Protection to the Aboriginal Inhabitants of all Countries Colonized by Great Britain.' Motte's proposals specified...

8. The needs of Pacific peoples when they are victims of crime [pdf, 647 KB]

   The needs of Pacific Peoples when they are victims of crime Prepared for the Ministry of Justice Dr ‘Ana Hau‘alofa‘ia Koloto Koloto & Associates Limited ii First published in May 2003 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-20179-6 iii Foreword It is important that the perspectives and needs of Pacific peoples are taken into account when developing policies and support services for victims of crime. To this end, the M

9. [2023] NZEnvC 189 Feeley v Queenstown Lakes District Council [pdf, 660 KB]

   ...other lots depicting five associated 48 Rule 24.5.1.6 does not apply. 49 Pfluger EIC, Figure 4. 28 building platforms. [83] Rather, we find that anything additional to a total of six house sites or building platforms would need to be carefully tested for whether it would be contrary to the PDP’s relevant objectives and policies. That is to say, care must be taken to avoid any incremental development that would fail to maintain landscape character and visual amenity va...

10. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Mt Messenger IN THE MATTER AND BETWEEN AND AND AND AND AND AND Decision No. [2018] NZEnvC 2 0 3 of the Resource Management Act 1991 of six appeals under s 120 and/or s 17 4 of the Act for Mount Messenger Bypass proposed State Highway 3 between Uruti and Ahititi, North Taranaki DIRECTOR-GENERAL OF CONSERVATION (ENV-2019-WLG-000003) (ENV-2019-WLG-000004) TE RONANGA O NGATI TAMA TRUST (ENV-2019-WL