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1. LCRO 68/2023 QB v VN (5 September 2024) [pdf, 190 KB]

   ...[41] It was his view that the case law referenced supported conclusion that the Committee had failed to apply correct principles when considering the test to be applied when addressing question as to whether a lawyer had breached r 2.7. [42] I have carefully examined the cases referenced by Mr QB. [43] With every respect to him, I see nothing in those cases (and I have attentively referenced the specific paragraphs in the cases he has referred me to) that assist him in the argument he a...

2. LCRO 37/2025 PE v LZ (26 August 2025) [pdf, 183 KB]

   ...dealt with by Ms T; (c) the respondent was not responsible for what occurred following his departure; (d) there had been no significant delays such as to constitute a breach of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 6 [20] The Committee considered that the evidence did not establish that the respondent had failed to advise the applicant that costs might be awarded to the winning party and, on the contrary, considered t...

3. [2024] NZEnvC 247 Allied Asphalt Limited [pdf, 2.5 MB]

   ...from landfill and reduces the need for virgin raw materials. Additional covered storage will be installed on the northern boundary of the site, alongside five existing uncovered bays for slag and coarse aggregate. The covered bays will provide protection from wind to reduce windblown dust as well as reduce the moisture content of the materials for production. [31] Lower moisture content reduces energy use for aggregate heating and reduces greenhouse gas emissions. Recycled wa...

4. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

   ...Inspections ......................................................................................... 16 Conclusion on Council liability ................................................................... 20 DID MR SAVILL OWE THE CLAIMANTS A DUTY OF CARE AS THE DEVELOPER OR PROJECT MANAGER OF THE DEVELOPMENT? ........ 20 DID MR JANSEN BREACH ANY DUTY OF CARE IN BUILDING AND SUPERVISING THE CONSTRUCTION? .................................................... 26 DID MR VESEY BREACH ANY D...

5. 2021-03-11 Nga Runanga - opening submissions [pdf, 443 KB]

   ...is inextricably linked to the settlement of Treaty of Waitangi claims, including Te Kereme that resulted in the Ngāi Tahu Claims Settlement Act 1998 (Settlement Act). 4. While the Settlement Act was intended to result in the recognition and protection of mahinga kai, the evidence shows this has not happened. As explained in the statements of evidence of Ms McIntyre and Ms Bartlett, the submissions of Ngā Rūnanga arise from deep concerns about: (a) the failure of the ex...

6. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...employment arrangements for the plaintiffs in detail. Some 16 volumes of documents were also produced. Very comprehensive submissions were advanced by all counsel in support of the parties’ respective positions. All this material has been carefully considered. Difference between recruitment services and labour-hire arrangements [38] At the heart of the plaintiffs’ case is the assertion that the reality of the arrangements they entered into was they were recruited by Madison...

7. Mudge v CAC307 & Anor [2015] NZREADT 85 [pdf, 122 KB]

   ...“whether it is acceptable practice for agents to shop around and obtain a valuation that suits his/her purpose without informing the client of the number of valuations or values represented in each valuation”. [23] We consider that the Client Care Rules 2012 and the Act provides sufficient protection for the members of the public and to prevent any ethical abuses. [24] Accordingly the Tribunal dismisses the appeal and confirms the Committee’s decision. [25] The Tribunal dr...

8. ENVC Hearing 6Oct14 s274 evidence chief John Hall [pdf, 70 KB]

   ...6th 2014, that the marina would take up a good third of Matiatia. 15 Ms Christine Gisby, in a letter to “Gulf News” on 9th January 2014 claimed that the 160 berth Marina would take up almost half the bay! 16 From aerial photographs, I have very carefully measured the total area of Matiatia Bay. The area inside its headlands is about 33 hectares. The area of it that would be taken up by the proposed marina, car park area and breakwaters is just 3.8 hectares and as I noted previously is...

9. IEAA - 2015 annual report [pdf, 148 KB]

   ...HEALTH OF THE STUDENT 8. In most years at least one case arises where the problems really stem from the mental state of the student and their inability to cope with living in a 4 different environment. There is little that can be done to protect the providers from this situation but it does, in the cases we have come across, lead to some very contentious situations where the IEAA has had to step in and attempt to resolve. CASES 9. The one case which we will espe...

10. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

    ...stresses that this case, and its associated publicity, have had an enormous impact on the licensee and her family. [13] Ms Hunter then submits that the purposes of the current disciplinary regime for real estate agents, namely, the promotion and protection of the interests of consumers and the public generally and the maintenance of professional standards, are met in this case by the finding of unsatisfactory conduct and by the licensee’s apology. Ms Hunter notes that we recognised t...