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1. AT v RN LCRO 47/2015 (29 September 2016) [pdf, 90 KB]

   ...understanding of the outcome of the complaint. (b) Subject to any overriding duty to the Court, a lawyer's duty is to his or her client not the person on the other side of the dispute. (c) Mr [RN]’s duty was to his own client. He had no duty to protect and promote the interests of Mr [AT] or Mr [EC]. (d) Mr [RN] had been retained to consider his client's position, in the context of the available facts and the relevant law, to set out the legal position as he saw it and to...

2. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...

3. Legal aid for civil family disputes - Tongan [pdf, 850 KB]

   ...ma‘u atu ha tokoni fakalao ‘i he kahau´. ‘E ‘ikai fiema‘u ke ke totongi fakafoki ‘a ho‘o tokoni fakalao´ kapau na‘e ngāue‘aki ki he: • ngaahi tu‘utu‘uni malu‘i fakalao ki he houtamaki ‘i ‘api´ (domestic violence protection orders) • ni‘ihi kuo fokotu‘u atu ko ha tokotaha mahaki (proposed patient) ‘i ha keisi fakalao ‘i he malumalu ‘o e Mental Health (Compulsory Assessment and Treatment) Act 1992 • ni‘ihi kuo fokotu‘u atu ko ha mahaki...

4. Peter Thompson v Complaints Assessment Committee 413 & Ajay Rathod [2017] NZREADT 51 [pdf, 191 KB]

   ...Agreement for Sale and Purchase of a Business identified [Mr Thompson] as the real estate agent responsible for the sale and held that the deposit would be paid to his real estate agency trust account. In light of the Act’s purpose of consumer protection, it is somewhat 4 Substantive decision, at paragraph 3.11. 5 Referring to the Tribunal’s decision in Pollett v Real Estate Agents Authority (CAC 10048) [2013] NZREADT 4, at...

5. Legal aid - limited approvals Operational Policy & application form draft [pdf, 888 KB]

   ...civil lead provider approval for attendance on: − coronial proceedings; − an application for forfeiture resulting from a criminal case they have acted on; − an application as a respondent to an order made under the Public Safety (Public Protection Orders) Act 2014 resulting from or related to a criminal case they have acted on; or − judicial review proceedings related to a criminal case they have acted on. DRAFT 6 • where the applicant has an existing approval...

6. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

   ...focused on understanding links between maternity and early parenting support services and identifying who uses these services and who may be missing out. 15. Examples of results so far include a Maternity and “WellChild” needs assessment and care planning tool for early intervention. This tool has been in use in Porirua and Waikato since January 2011, and will ensure that needs are more consistently identified and referred to the appropriate places. 16. The inter-agency group ha...

7. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...centre 5 of the occlusal surface of tooth 47. I enquired if he could feel it as cold – and, there being no response, checked for a difference on the adjacent tooth, the 46. I am aware of the importance to avoid respiratory issues and took care with the quantity and direction of application. Mr Erwood certainly did not demonstrate any adverse symptoms when he was present at my surgery and after the spray had been administered. There was no clear response on the teeth to th...

8. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...lies in the prompt and economic disposal of litigation, and in discouraging wasteful and unreasonable behaviour by litigants. 11 There is also an interest in encouraging employers and employees to resolve matters at an early stage, and to give careful consideration at the outset to their prospects of success if they proceed down the litigation pathway. The statutory focus on alternative dispute resolution reflects this policy objective. Allowing an offer made before an Authorit...

9. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...important to him that he expected Ms Macduff to refer to him as regards the contents of those documents. He said that this was because they needed to reflect his parents’ wishes and he knew what those wishes were in light of the fact that he had been caring for them for many years. Ms Macduff responded by email on 5 May noting that she could not discuss the contents of the wills with JH. [9] In early June Ms Hinckley fell ill and she died on 17 June 2009. This led to a meeting bet...

10. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

    ...whether there was undue delay [28] The issue is whether there was undue delay by Mr ZB in handing over Mr RB’s file to Mr TD following receipt of Mr TD’s request. [29] Rule 4.4.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) spells out how the lawyer concerned must respond to a request from a client’s new lawyer to uplift the client’s files and records: Subject to any statutory provisions to the contrary, upon changing lawyers...