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1. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [42] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [43] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

2. E38 Jon Styles - Noise - EIC - Council [pdf, 854 KB]

   ...7.10 At the time of writing the Report, approval from RFA (owners of the Maritime Museum) had only been provided in principle. We considered that the effects on the Maritime Museum will generate significant disruption to its activities, and very careful attention would be required to ensure the effects are managed as best they can be. As set out above, RFA has since provided the Applicant with unconditional approval of the Application, and therefore the effects on the Maritime Mus...

3. LCRO 55/2020 MY v KA (5 October 2020) [pdf, 182 KB]

   ...year to respond to Mr KA’s request to correct the spelling of his wife’s name. It held that this was inconsistent with his obligation to act in a timely manner, pursuant to r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). It said the following: The Committee had …sought to resolve the issue in its correspondence with Mr MY, as there was a very simple remedy for Mr MY to implement. In the Committee’s view Mr MY failed to re...

4. LCDT - 2015 annual report [pdf, 249 KB]

   ...Disciplinary Tribunal”. The purposes of the Act are set out in s 3 as follows: “3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among oth...

5. 2024 NZPSPLA 023 pdf [pdf, 197 KB]

   ...would have expected that he gave it the relevant (little) weight it was due. The fact that he considered it does not mean it was determinative. [42] Ms JK also says that given she was a member of the employing committee, Mr DX owed her a duty of care as well as that which he owed to the specific committee members who contracted him. Mr DX was not employed by Ms JK and her argument that he owes her the same duty of care he owes his employer is nonsensical. He was employed to investig...

6. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   ...in September 2017 were paid by Mr HB and Mr MD was instructed by WT to settle the caveat issue. (d) Lodgement of a caveat by a third party triggers a breach of the mortgage by the mortgagor. WT had a right under the mortgage to take steps to protect its position. The terms of the mortgage included the standard requirement for a mortgagor to fully indemnify a mortgagee for costs associated with remedying any breaches by the mortgagor. (e) The legal work associated with the caveat...

7. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

   ...declared or held to be invalid, by any court in any proceedings instituted more than 10 years after the date of the order. (2) Where there is any repugnancy between 2 orders each of which would otherwise, by reason of the lapse of time, be within the protection of this section, then, to the extent of any such repugnancy, the order that bears the 223 Waiariki MB 86 earlier date shall prevail, whether those orders were made by the same or different courts. (3) Nothing in...

8. Final Env-Reg-Report-2018-19 [pdf, 188 KB]

   ...web pages at www.environmentcourt.govt.nz/decisions-publications/annual- reports/ E.49 7 | P a g e 2.2 Direct Referral Process The direct referral process allows resource consent applications, requiring authority and heritage protection authority requirements to be considered directly by the Environment Court. This fast-tracking process was included in the 2009 amendments to the RMA and was designed to allow some significant projects to be commence quicker than they m...

9. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...of documentation of this nature, on such limited terms as described by Mr EK. [75] This was a transaction involving a purchase price of around $14 million. It is difficult to envisage circumstances in which a lawyer responsible for ensuring protection of their client’s interests would not consider it both necessary and essential to review the title, lease and LIM documentation. [76] There is no evidence to support suggestion that Mr EK instructed Mr IQ to review the documentati...

10. Wright v CAC 10056 & Woods [2011] NZREADT 21 [pdf, 169 KB]

    ...evidence to suggest that the licensee deliberately attempted to deceive the complainants and indeed would seem to have tried to help them identify boundary pegs and pointed out the stains in the ceiling, it is the opinion of the committee that more care should have been taken. By trying to help locate the boundaries the licensee may have provided some assurance to the complainants on which they seem to have relied in their purchase decisions. In both cases, ie the location of the bounda...