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1. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...client relationship has been recognised in a number of cases, most recently Heslop v Cousins [2007] 3 NZLR 679 (where $50 000 was awarded to each client). Given the purposes of the Lawyers and Conveyancers Act (which in s 3(1)(b) includes the protection of consumers of legal services) it is appropriate to award compensation for anxiety and distress where it can be shown to have occurred. Such an order will be particularly appropriate where the client is not a sophisticated person a...

2. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...

3. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...“inevitably, although not always, may lead to striking off”. In the present case, the form of “dishonesty” is being a party to a criminal breach of the Act, involving advising a client to deceive Immigration New Zealand. It is important to look carefully at whether rehabilitation is realistic. I have done so. [41] I am satisfied that if there is any prospect of rehabilitation it can only be after Mr Gimranov invests in gaining the knowledge to provide services at a standard much h...

4. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...

5. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

6. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

7. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ................................................................................................. 3 WHAT ARE THE DEFECTS THAT HAVE RESULTED IN DAMAGE? ..................... 4 WHAT IS THE SCOPE AND COST OF THE REMEDIAL WORK REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and const...

8. 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...

9. 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...

10. 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...