Search Results

1. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

   ...live in; (d) The trust deed as drawn permitted C to take sole control of the trust’s single asset following the death of J, such that C could depart from the wishes of B and J following their deaths; (e) The failure of the respondent to be as careful as she should have been in respect of the advice given and the failure to meet usual standards of practice in respect of clear record keeping, written advice, and adequate reporting following the signing of documents. [7] Counsel...

2. G Ltd & YZ v B Ltd [2025] NZDT 55 (27 March 2025) [pdf, 214 KB]

   ...why a hybrid battery might fail. For example, using an incorrect procedure or charging of the battery. Does the Consumer Guarantees Act apply? 8. I am satisfied that the Consumer Guarantees Act 1993 (CGA) does not apply here. The CGA gives protections to consumers who acquires from a supplier goods (such as cars) and services which are of a kind ordinarily acquired for personal, domestic or household use. Cars fall into this category and G Ltd are a supplier for the purposes of t...

3. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...publicity, expense and embarrassment is taken very seriously by the law in New Zealand. (d) He submitted that his response was accurate and appropriate. The law relating to enhanced and indemnity costs, defamation and blackmail were some of the protections provided against such conduct. (e) [Company A] was a professional practice entitled to protect its reputation. Mr FZ’s threats and statement that “I have nothing to lose except the time and effort but I would not say the s...

4. Guidelines-for-use-of-generative-artificial-intelligence-in-Courts-and-Tribunals-for-lawyers.pdf [pdf, 503 KB]

   ...disable the chat history in AI chatbots if this option is available.4 • Further information about privacy and AI tools is available on the Privacy Commissioner’s website. • In future, law firms may have access to an in-house GenAI chatbot that protects confidential, suppressed, and private information. If that occurs this portion of the guidelines may be less relevant, however lawyers will continue to be bound by the relevant obligations and statutory prohibitions regarding privileg...

5. Jain v CAC 20007 & Martin [2014] NZREADT 51 [pdf, 55 KB]

   ...that the decision to publish failed to appreciate that the 4 public interest and/or the deterrent aspect can be served by publishing the decision but omitting the name of the appellant. This, he submitted, does not undermine the consumer protection provisions because there is no suggestion in the Complaints Assessment Committee’s decision that the appellant was a risk to consumers. [9] Mr Spring also referred to the well known authority of Lewis v Wilson & Horton Limi...

6. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

   ...family law – neglected, at times underfunded, but of vital importance in the larger scheme of things. [6] Since the 2000 Law Commission report the pace of social change has only increased as reflected in, for example, the Civil Union Act 2004, the Care of Children Act 2004 6 (COCA) and the Marriage (Definition of Marriage) Amendment Act 2013 (MDMA Act). While several amendments have been made to the Adoption Act since its enactment, those changes have been piecemeal, without a...

7. OIA-120744.pdf [pdf, 1.6 MB]

   ...following provisions of the Act: • section 6(a) as making the information available would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand, • section 9(2)(a) to protect the privacy of natural persons, and • section 9(2)(f)(iv) to maintain the constitutional conventions that protect confidentiality of advice tendered by Ministers and officials. In withholding information under section 9, the Ministr...

8. Canterbury Westland Standards Committee v Hemi [2013] NZLCDT 23 [pdf, 121 KB]

   ...At paragraph [48] however the Court had this to say: “We agree with the Tribunal that the appellant’s professional misconduct touched at the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation it was conceivable that a penalty less than striking off could have been imposed.” (Emphasis added). [22] The Court t...

9. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...2017, Mr OS wrote to Mrs C. He referred to his telephone conversation with Mr T and confirmed that a new property enduring power of attorney in favour of two partners in the firm was in place. He informed Mrs C that Mrs HR was [Mr C’s] personal care and welfare attorney, and that Mr AH, Mrs HR and Mr T were named as executors in her will. [10] He stated that if her “confidence” in Mrs HR, who was signatory on Mrs C’s bank account, to “do the right thing” was “reduced...

10. Southland Standards Committee v Evans [2011] NZLCDT 38 [pdf, 129 KB]

    ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate...