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1. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...the information alleged to have been wrongfully downloaded and removed, only a brief overview of the facts will be provided at this stage. [4] ELG is a designer, manufacturer and marketer of products for the use in acute and chronic respiratory care, surgery and the treatment of obstructive sleep apnoea. [5] KLE is by profession a software developer and motor control electronics expert. He was employed by ELG from 26 September 2011 until 15 November 2023. That employment was,...

2. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

   ...the alternative limb of the charge to be proved. This is a contravention of Rule 13.2 which states: “A lawyer must not act in a way that undermines the processes of the court or the dignity of the judiciary.” [31] This provision exists to protect the integrity of the justice system as a whole. It is the protection of the dignity of the judicial office itself, rather than the individual judicial officer which is essential. [32] It is not for lawyers to second-guess Court orde...

3. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   ...and Sycamore, are of the view that there are provisions in the 2GP and in the proposed RPS which may frustrate the 35 Section 31 provides more particularised direction to territorial authorities that it is the effects of the use, development, or protection of land and associated natural and physical resources. 36 Southland Fish & Game New Zealand v Southland District Council & Ors at [23]. 3? Environmental Defence Society Incorporated v New Zealand King Salmon Company Limited [2...

4. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

   ...of the last six words of 3.1A.2, ie " ... and no hierarchy exists between them". ORC also recommends the addition of a provision to the effect that so-termed "enabling" sos are to be achieved "while also achieving" protective SOs;48 (e) QLDC supported the substance of the preliminary observations in the Conferencing Minute.49 It agreed that SOs and SPs are to be applied "in tandem" with other chapter objectives and policies, but "on a bas...

5. 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...

6. 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...

7. Review of the Delivery of Restorative Justice in Family Violence Cases by Providers funded by the Ministry of Justice [pdf, 602 KB]

   ...and the Police (n=9) referred family violence cases to restorative justice providers. • Most restorative justice providers (86%) required victim consent before a case went to a conference or panel. • Providers thought that particular care needed to be taken with the screening of referrals, pre- conference preparation, and conference facilitation in order for a restorative justice meeting to happen safely in family violence cases. • Providers said they worked appropriate...

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. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

    ...Rules provide that all practitioners have a mandatory obligation to report misconduct of other practitioners, and a discretionary duty to report unsatisfactory conduct. [32] Rule 2.8 provides as follows:- Subject to the obligations on a lawyer to protect privileged communications, a lawyer who has reasonable grounds to suspect that another lawyer has been guilty of misconduct must make a confidential report to the Law Society at the earliest opportunity. Rule 2.9 provides: Subjec...