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1. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...conduct met a standard of professionalism that was required and expected in the circumstances, in this case specifically relating to the scope of enquiry concerning the nature of ownership of the house. [21] The Practitioner denied any failure to protect her clients’ interests, implied that H did not hold positive feelings for the Applicant, and asserted that H had intended to leave nothing to the Applicant. I have discerned no evidence to support these submissions, noting that H...

2. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

   ...and walking the Manuherekia from its source to the confluence with the Clutha/ Mata-au, as well as three tributary streams. 5 I’m the secretary of the Central Otago Environmental Society (COES), a locally based organisation committed to the protection and enhancement of the Central Otago environment including landscapes and water resources. 6 As a member of this community group dedicated to the preservation of the natural environment, I am concerned about the degradation of the...

3. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...appropriate as not only are all of the factors outlined in DFC Ltd v Bielby present, but the extent of the Council’s failure and manner in which it conducted the proceedings were a “considerable step up in terms of irresponsible, incompetent and careless conduct”.4 The respondent compares the matter to the recent costs decision in Greater Wellington Regional Council v Adams,5 where indemnity was awarded as the Council had failed to substantive any of the grounds on which it h...

4. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [pdf, 120 KB]

   ...partner, who had been in poor health and was retiring. • He saw no need to advise his new partners, hoping the matter would resolve without embarrassment to him. • Now that his partners are aware of the problem, they are able to take some protective steps. [14] We accept that Mr Stuhlmann has experienced five years of regret. That he remained relatively (effectively) inert about confronting the problem in a useful manner until March 2022, indicates his heightened level of...

5. [2024] NZEnvC 010 Fraser Auret Racing v Rangitīkei District Council [pdf, 212 KB]

   ...specified ‘outcomes’ within the area. [13] The salient point here is that the objective for the plan change does not signal that activities not conforming to the MIDA are unanticipated and should be disallowed. This is evident with regard to the carefully crafted suite of policies that follow this objective. (footnotes omitted) [26] The High Court observed12 that a consequence of the imposition of Rules DEV-R5 and DEV-R6 would be that even very minor deviations from the specifie...

6. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed

7. Complaints Assessment Committee 414 v Deepak Goyal [2017] NZREADT 58 [pdf, 235 KB]

   ...inform the vendors of his concerns that Mr Grewal did not have the financial ability to settle the purchases. [40] Mr Hodge submitted that Mr Goyal’s conduct was a reckless breach of the Act and Rules, even on his own account as to his wish to protect his investment. He submitted that Mr Goyal was aware of, at least, the risk of a conflict of interest arising out of his loans to Mr Grewal, and his concern as to Mr Grewal’s inability to settle, but as he wanted to protect his i...

8. [2021] NZREADT 7 - Sharma v Brake (12 February 2021) [pdf, 421 KB]

   ...of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. [32] The Act seeks to discourage conduct on the part of licensees which militates against the objectives of promoting and protecting the interests of consumers or promoting public confidence in the performance of real estate agency work. Conduct of a licensee can have that effect regardless of whether or not the agent also happens to be a party who has an inter...

9. Legal-Aid-lawyer-Provider-Manual-updated.pdf [pdf, 302 KB]

   ...and the Practice Standards set by the Secretary. The legal aid Practice Standards form part of the contract for service. These set out the minimum standards of service and conduct required of you. While similar to the rules of conduct and client care for lawyers, the practice standards set out specific requirements for legal aid lawyers’ responsibilities to clients, relationships with clients, conduct of legal aid cases and their dealings with others such as judges, experts, and court a...

10. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

    ...of freedom of expression, as well as the plaintiffs’ rights to question the science and lack of research and understanding of the consequences of vaccination, as well as the mid to long-term risks. The plaintiffs say they are entitled to the protection of the statutes already mentioned, and that they should not be subjected to mandated orders against their will. [36] Reverting to Mr Malcolm’s position, he has alleged that because of his views and beliefs, he was suspended pe...