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1. Holmes v Ministry of Social Development [2012] NZHRRT 19 [pdf, 144 KB]

   ...1993 relating to the non-publication of evidence or to the identity of any person involved in these proceedings. The interim order made at the commencement of the hearing on 1 December 2011 is accordingly at an end. That interim order was made to protect the confidentiality of a decision of the Social Security Appeal Authority received in evidence. We have not found it necessary to refer to that decision with the result that it does not require protection in these proceedings additional...

2. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...situation of a trustee selling to co-trustees who were also clients was unusual. [92] He also accepted that it would have been important for the trustees to understand the nature of Ed Johnston’s conflict of interest. [93] The Tribunal, having carefully listened to the evidence of both respected experts, preferred the evidence of Mr Eades. We have noted the concessions made 31 NOE page 250. 32 NOE page 251. 33 NOE page 251. 34 NOE...

3. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...occurs, the fee estimate is requested at that time, the estimate can accompany that information. An estimate can also be provided when requested in respect of particular attendances, as occurred in this Review.57 [130] Consistent with the consumer protection purposes of the Act, lawyers must take care in providing estimates.58 [131] As noted above, r 9.4 also requires that lawyers must inform the client “promptly” if it becomes apparent to the lawyer that the estimate is likely...

4. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...trades. Further Material Received by the Court [22] The Court received a copy of a letter written by Mr Bell dated 5 December 2009. In this letter, addressed to a Mrs Witerina Cooper, Mr Bell warns Mrs Cooper to “consider your position very carefully before joining [Mr Marumaru]” (by putting her shares behind him to help him achieve the requisite 10% support) to support the application. Mr Bell advised that Mr Marumaru‟s claim that his lease proposal was not properly conside...

5. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...2012 the defendant had been convicted on a charge of threatening to injure (since confirmed on appeal) and the conviction related to the events of 27 July 2011 described by Ms Q before us and covered above. [26] All the prosecution witnesses were carefully cross-examined by the defendant. Further Evidence for the Prosecution [27] Then, by consent, there were other various briefs for the prosecution which generally came from persons who had dealt with the defendant as a real estate...

6. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...KL’s employer, after the mediation, for $9,200 and which was paid directly to the firm by the employer. [37] The Committee began its consideration of this issue by setting out the provisions of s 110 of the Act, noting the importance of consumer protection and how that is enhanced by the importance of lawyers holding client funds in a trust account. [38] The Committee noted that Mr IJ does not operate a trust account. It saw the issue as being whether Mr IJ had received all or pa...

7. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[34] Mr and Mrs N say they “are not seeking anything other than a finding that Mr VO acted deceptively” in respect of which they say there is “ample information”. [35] They say it should have been “obvious” to the Committee from “a careful examination” of their complaint that by communicating with them on his letterhead Mr VO reinforced his demands of them. Response [36] In his response filed in this Office on 6 May 2016, Mr VO asks that the Committee’s decision...

8. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...adverse effects listed in this section.49 We accept this. Notices of Requirement - Having “particular regard to” considerations [61] The phrase “having particular regard to” in relation to relevant considerations under s 171(1) has been carefully analysed by the High Court as follows (footnotes omitted):50 [64] Plainly the phrase “shall have particular regard to” conveys a stronger direction than merely “to have regard to”. Section 7 (which includes the phrase) is...

9. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

   ...their mistakes. [12] Mr DU and Mr CV provided response to the complaint filed on 7 November 2019. They submitted that: (a) they had acted in accordance with their obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) they had acted at all times in accordance with their client’s best interests and instruction; and 4 (c) they had no involvement with the preparation of the sale and purchase agreement or repres...

10. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

    ...Defendants aged 17 or over at the time of the offence, or who were under 17 at the time of the offence and turn 18 before the charges are laid, are tried in the adult jurisdiction and bail decisions are made under the Bail Act. Section 15 of the Bail Act protects these young defendants through a strong presumption in favour of bail for defendants aged 17 to 19 inclusive, subject to any conditions the Court sees fit. The Court may only remand a defendant of this age in custody if it is sa...