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1. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...their physical presence in court. In this, and in other respects, appearances by AL may give rise to greater impact on the rights of parties than AVL. As a consequence the decision as to whether to allow AL rather than AVL must be considered with great care. 22. These new provisions provide the court with the power to determine that participants may appear by AL during the period in which the COVID-19 Notice is in force where AVL would otherwise be available. However, the discretion provided i...

2. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...advertise their property after the agency agreement ended The CAC accepts that Mr O removed the advertising when requested by the Ts but in future should be aware of his advertising and marketing obligations under the Professional Conduct and Client Care Rules 2009. Was misleading in the use of statistics in his own advertising In the CAC’s view there is no evidence to support this part of the complaint. Is unethical and unprofessional in this he tried to bring the name of...

3. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...his review application, however, as the time frame engaged by his application traverses in part a time of most uncommon circumstances, being the time during which New Zealand was subject to lockdown as a consequence of the COVID-19 crisis, a more careful assessment as to whether Mr WF’s application is able to proceed is required. [11] The need for a more attentive consideration is rendered more critical, as a consequence of Parliament’s recent passing of an amendment to the Epidem...

4. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...made in support of her complaint have been made by Mr LB. [3] References in this decision to “the Act” are to the Lawyers and Conveyancers Act 2006 and to “the Rules” are to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Background [4] The applicant was married to Mr DC (Mr DC). It was a second marriage for both. [5] Mr LB says that in 2016, the applicant signed Enduring Powers of Attorney (EPAs) under the Protection of Personal an...

5. OX v PE LCRO 224 / 2010 and 262 / 2011 (22 August 2012) [pdf, 115 KB]

   ...proceedings which involved particularly contentious issues around the Applicant’s contact with his three children. The Applicant’s wife sought contact to be supervised; this was opposed by the Applicant. At some point there had been a temporary protection order obtained by the Practitioner’s client which subsequently lapsed and no further order was made. After separation of the Applicant and his wife, the Applicant had supervised visits with his children. His objections to o...

6. JM v DTM [2011] NZIACDT 1 (19 January 2011) [pdf, 119 KB]

   ...complaint was made in relation to fees, SN dealt with the issue, when it was a responsibility of the Adviser and AHX. Furthermore, SN’s dealings in relation to the complaint were unprofessional, and largely devoid of any regard for the duties of care, respect and professionalism under the Code of Conduct (I drew the Adviser’s attention to the terms of email communications apparently sent by SN to the Complainant). [8.4] Further, the fees charged appeared not to have been agreed, and...

7. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...the licensee, Mr P Chambers, submitted Ms Taylor’s conduct did not breach any explicit obligation which was incumbent upon her because of the provisions of the Act or which arose from the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. That being so, it could not be contended that the conduct of the licensee amounted to disgraceful conduct or serious negligence. Principles [26] In the decision of READ v Phillips3 the Tribunal considered the question...

8. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...proposed plan as having heritage value; or (ii) affects any historic place, historic area, wahi tCipuna, wahi tapu, or wahi tapu area entered on the New Zealand Heritage LisURarangi K5rero under the Heritage New Zealand Pouhere Taonga Act 2014: (h) a protected customary rights group that, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions: (ha) a customary marine title group that, in the opinion of...

9. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

10. [2024] NZEnvC 213 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 1.4 MB]

    ...under s 120 of the Resource Management Act 1991 (RMA) BETWEEN REMEDIATION (NZ) LIMITED (ENV-2021-AKL-000059) Appellant AND TARANAKI REGIONAL COUNCIL Respondent AND DAWN AND GLEN BLENDALL TARANAKI ENERGY WATCH NORTH TARANAKI AWA PROTECTION SOCIETY THE URENUI DISTRICTS HEALTH BOARD INCORPORATED (Collectively, the Uruti Community Parties) TE RŪNANGA O NGĀTI MUTUNGA Section 274 Parties Court: Alternate Environment Judge LJ Newhook Environment Commissione...