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1. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...2022 COUNSEL Mr P Davey for the Standards Committee Ms V Wethey and Ms M Fee for the Respondent Practitioner 2 DECISION OF THE TRIBUNAL RE INTERIM SUSPENSION [1] An important purpose of the Tribunal’s disciplinary duties is to protect the interests of the public and thereby maintain public confidence in the provision of legal services.1 To achieve that purpose, among others, the Lawyers and Conveyancers Act 2005 (the Act) provides what it terms a “more responsive...

2. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

   ...the Income Tax Act 2004, the Income Tax Act 1994, the Tax Administration Act 1994, the KiwiSaver Act 2006, and the Goods and Services Tax Act 1985. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 6. Taking into account the various domestic an...

3. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 KB]

   ...defendants applied to have the proceedings struck out. The central issue in this decision is whether the Tribunal lacks jurisdiction to deal with the claim because it constitutes a parental leave complaint under the Parental Leave and Employment Protection Act 1987 (PLEPA). Background [2] Diamond Laser Medispa Taupo Limited (Diamond Laser) is a registered company operating as a beauty spa and skin clinic in Taupo. [3] Olivia Blakeney-Williams is a shareholder and manager of Dia...

4. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...would be required and the Tribunal has proceeded accordingly. [5] The Committee found that the appellant failed to act in good faith or deal fairly with the vendor, contrary to r 6.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), as he should have exhausted all avenues of contacting the vendor before incurring significant cost. The appellant challenges this finding on appeal. The broad grounds for the appeal will be considered at the a...

5. [2018] NZSSAA 11 (16 February 2018) [pdf, 208 KB]

   ...May 2017. He said he appeals on the grounds that: a. WINZ and the Benefit Review Committee took into account irrelevant information, that is a Maori land matter which I am party to, and in respect of which I have taken the necessary steps to protect my interests and that of my whanau. b. The process I was subjected to before the Review Committee was biased against me, and procedurally unfair, even though my lawyer was present, hence our early withdrawal. Perhaps highlighted...

6. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...to Mr Garrett, in delivering a censure in our oral decision of 14 October, that there is a distinction between a lawyer as counsel and a lawyer as defendant (or indeed, in dealing with his or her professional body). While subtle reasoning and careful phraseology, might be admirable qualities when representing a client, they have no place for the lawyer representing himself 2 Ibid 384, para 17.115. 3 (1918) 18 SR (NSW) 70 at 74-75...

7. NZCVS Cycle 1 (2018) Key Findings (with infographics) [pdf, 3.9 MB]

   THE NEW ZEALAND CRIME AND VICTIMS SURVEY 2018 KEY FINDINGS CYCLE 1 Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered by the use directly, or indirectly, of the information in this publication. 2. This booklet contains highly aggregated data. No identifiable personal data...

8. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of agency provides that a company may be boun...

9. LAT - Practice note - 2022 [pdf, 270 KB]

   ...applicant may represent themselves, or be represented by a lawyer, or other person. 23. An application for review for a person aged under 16 must be made either by that person’s parents, that person’s guardian, or a person providing day-to-day care to or who is in custody of that person. Clause 16, Regulations 24. A minor aged 16 or over may apply for review in their own right. 25. An application for review for a person who is mentally disordered must be made by a person aged...

10. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

    ...clarified both he and HD had discussed HD’s reason for wanting the loan agreement to be formally drafted and signed by both parties, which was that, in the event of MN and LD ever separating, LD would CI0301_CIV_DCDT_Order Page 2 of 4 then be protected financially. As such, MN confirmed he did understand that the loan agreement was a formal binding legal document that he agreed to sign it as such. I find MN and HD intended to create a legal relationship with each other in enter...