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1. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   ...matters of national importance which are particularly relevant in this case: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant in...

2. Family Legal Advice Service Operational Policy v1.8 June 2018 [pdf, 1 MB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.8 July 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in rela...

3. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   ...repaired by way of a full reclad. [4] In these proceedings, the Roos seek to recover the costs of repairs and other losses totalling $300,531.55, from BHIS. They contend that BHIS breached legal obligations to them to take reasonable care in inspecting and reporting on the state of their house and that the report produced was misleading, contrary to section 9 of the Fair Trading Act 1986. Page | 4 [5] The Roos also seek to recover damages from Mr Adrian Kiff...

4. Dunstable v Leighton LCRO 73 / 2009 (14 July 2009) [pdf, 16 KB]

   ...[3] The Standards Committee resolved to take no further action on the complaint on the basis that the instruction to complete the valuation came from Mr X and not from Mr Leighton. In this they relied on rule 12.2 of the Rules of Conduct and Client Care for Lawyers. The Committee also found that it was not open to Mr Leighton to pay Mr X from funds of Mr X held on trust in the absence of instructions to do so. Background [4] From the correspondence on the file it appears that so...

5. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

6. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...respondent was corrected from B Ltd, to E Ltd. 4. The issues to be determined are as follows: a. What were the terms and conditions of the tickets, and has E Ltd breached them? b. Was the decision to invoke the rain date made with reasonable care and skill? 5. Tickets to the concert were sold online through a third party. In order to purchase tickets customers had to check a box which states they agree to the terms and conditions. Those terms and conditions could be viewed b...

7. BORA Animal Welfare Amendment Bill [pdf, 306 KB]

   ...with societal expectations, scientific knowledge, good practice, and available technology. Consistency with the Bill of Rights Act Section 21 – Right to be secure against unreasonable search and seizure 5.Section 21 of the Bill of Rights Act protects the right to be secure against “unreasonable search or seizure, whether of the person, property, or correspondence or otherwise”. Audit powers 6.Clause 37 inserts new ss 123A to 123D, which will enable the Ministry for Pr...

8. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 34 [pdf, 178 KB]

   ...in considering the penalty must always be the nature and seriousness of the negligence or incompetence of the conduct complained of.1 [5] We have found that the respondent’s conduct involved breaches of a number of rules of conduct and client care over a number of years firstly by allowing his longstanding client relationship with one person to overlook his obligations to others involved and secondly by his conduct in respect of proceedings in the Family Court

9. Canterbury Westland Standards Committee 2 v Carmichael [2017] NZLCDT 28 [pdf, 225 KB]

   ...[1] The respondent has admitted a charge of misconduct under s 241(1)(a) of the Lawyers and Conveyancers Act 2006 (the Act) in that she wilfully or recklessly contravened Rule 2.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and s 164A of the Land Transfer Act 1952 (the LT Act). She has also admitted alternative charges of unsatisfactory conduct (s 241(1)(b) of the Act) and of negligence or incompetence (s 241(1)(c) of the Act. [2] T...

10. Ms C v REAA & Whitehorn [2013] NZREADT 42 [pdf, 83 KB]

    ...10 August 2011 [11] We understand that neither of the other parties to this case wish to respond to the appellant’s said submissions of 18 March 2013. We are conscious that, in its ‘Decision On Orders’ of 10 August 2011, the Committee gave careful consideration to the issue of publication and decided that its decision finding unsatisfactory conduct by the appellant should be published. The submissions put before the Committee seem to have been quite different from those put to us...