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1. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...conduct may be made in respect of any of the services that a lawyer offers in the course of his or her practice. [29] Such a stance is consistent with the purposes of the Lawyers and Conveyancers Act 2006. A central purpose of that Act is to protect the consumers of legal services and conveyancing services (s 3). In seeking to attain that purpose s 3(2) proceeds to state that it intends to provide a more responsive regulatory regime in relation to lawyers and conveyancers. I...

2. Cabinet paper - Initial scope of Crown/Māori Relations portfolio [pdf, 462 KB]

   ...Partnership; The Crown and Māori will act reasonably, honourably and in good faith towards each other as Treaty partners. b. Participation; The Crown will encourage, and make it easier for Māori to more actively participate in the relationship. c. Protection; The Crown will take active, positive steps to ensure that Māori interests are protected. d. Recognition of cultural values; and The Crown will recognise and provide for Māori perspectives and values. e. Use mana en...

3. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...gain the benefits of New Zealand professional registration. There is no existing decision dealing with Mr Yap’s professional responsibilities in relation to this complaint. It is a different issue to his responsibilities under Malaysian consumer protection law, and will likely have different results. [14] It follows the only effect of the Malaysian Tribunal’s decision here, it to take account of the refund of fees to the extent of RM5,000 as part of the factual matrix when determining...

4. Najib v CAC 403 & Lindsay [2016] NZREADT 51 [pdf, 232 KB]

   ...Any consideration of publication, or restricting publication of a licensee’s name following a disciplinary finding against the licensee must begin with the purpose of the Act. As s 3 of the Act provides, the Act’s purpose is “to promote and protect the interests of consumers … and to promote public confidence in the performance of real estate agency work”. The register of licensees [15] Sections 63 to 66 of the Act deal with the register of licensees, maintained by the R...

5. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...High Court in relation to arguments that, if adopted, would have expanded the ordinary meaning of HRA provisions. In BHP New Zealand Steel Ltd v O’Dea,11 the High Court, while noting that one of the purposes of the HRA was to provide better protection of human rights, held:12 …it would be wrong for a Court to stretch or manipulate the clear words of the statute so as to provide protection in a greater or different area than Parliament has determined should apply. [37] In Tre...

6. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...under s 149 of the Act. [4] The applicant’s position is that when they signed the settlement agreement, they did not have the requisite mental capacity to do so. It is submitted that the settlement agreement needed to comply with s 108B of the Protection of Personal and Property Rights Act 1988 (PPPR Act) because it needed to be approved by a court for it to be valid, in light of the applicant’s incapacity. The respondent’s position is that the applicant did not lack menta...

7. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...regard to— (i) the time that has elapsed since the communication was made or the information was compiled or prepared; and (ii) the extent to which the information has already been disclosed to other persons; and (g) society’s interest in protecting the privacy of victims of offences and, in particular, victims of sexual offences. (4) The Judge may, in addition to the matters stated in subsection (3), have regard to any other matters that the Judge considers relevant. (5)...

8. [2020] NZEnvC 137 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 312 KB]

   ...KI ŌTAUTAHI Decision No. [2020] NZEnvC 137 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of Schedule 1 to the Act BETWEEN OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants AND OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Co...

9. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...appears to be over-zealous time recording and the rendering of invoices reflecting simply the value of time recorded by the relevant authors with no apparent recognition of the other factors that need to be addressed in Rule 9.1 of the Client Care Rules; and (c) The litmus test being that the fees charged to the body corporate (contrary to [SW Law Firm’s] advice of cost efficiency if that firm was instructed because of Mr SW having undertaken similar assignments) are in excess of...

10. IK v VR LCRO 227/2014 (21 December 2015) [pdf, 102 KB]

    ...Service about aspects of IK’s representation of her. The complaint alleged: • A failure by Mr IK to hold fees she had paid in advance, in a trust account (the trust account complaint). • A failure by Mr IK to provide engagement and client care information (the terms of engagement complaint). • A failure by Mr IK promptly to invoice Ms VR (the invoice complaint). • A failure by Mr IK to return documents to Ms VR following termination of the retainer (the documents complain...