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1. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...[100] Competency involves the notion of the practitioner conducting his professional affairs in a capable and able manner. Diligence has been defined as, “care; caution; the attention and care required from a person in a given situation”.14 [101] In giving careful consideration to the conduct in its totality, I arrive at the view that Mr SW’s failure to keep accurate records at significant points in the transaction, and his preparedness to act against his former clients in circu...

2. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...responsibility for engagement with their client, initiate the client relationship, and personally provide immigration advice. The exceptions to personal professional service delivery are limited to genuine clerical processes, and narrowly defined. [101] I am satisfied: [101.1] Mr Labendia initiated the professional relationship, and in doing so gave immigration advice in the sense of assisting Mr OBC in regard to an immigration matter. He was neither qualified nor entitled to do so...

3. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

   ...Pursuant to section 50 of the Act, the complaint is upheld in respect of Ms Yap engaging in misleading behaviour concerning the fees Mr and Ms McLeod agreed to pay. [100] In other respects, the complaint is dismissed. Submissions on Sanctions [101] As the complaint has been upheld, section 51 allows the Tribunal to impose sanctions. [102] The Authority and Mr McLeod have the opportunity to provide submissions on the appropriate sanctions, including potential orders for costs, refund...

4. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

   ...consider that any lapse reaches the threshold for an adverse disciplinary finding. [100] Accordingly, this ground of complaint will be dismissed. The potential that Ms Woodberg was a party to an unlicensed person providing immigration advice. [101] Ms Woodberg has provided three responses to the potential finding she was a party to Mr Woodberg providing immigration advice unlawfully: [101.1] It is not possible for this Tribunal to make a finding, as such conduct would be a criminal o...

5. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...section 51(1)(g) is expressed widely as covering “all or any of the costs or expenses of the investigation, inquiry, or hearing”. The jurisdiction also covers the costs of any related prosecution, though that does not arise in the present case. [101] The Registrar suggested this was more limited than the jurisdiction under the Law Practitioner’s Act. It is difficult to see any reason for that. They are both expressed as wide permissive powers, no doubt constrained by the well-known...

6. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...2015 Chilton v Rutherford Street Kindergarten Inc [2015] NZERA Christchurch 141 $3,000 Breach by employer –certificate of service provided late and was defective. 20 October 2015 Bidvest New Zealand Ltd v Vivian [2015] NZERA Wellington 101 $3,000 Breach by employee – breach of confidentiality through Facebook post. 22 October 2015 Taylor v First Aid Specialists Ltd [2015] NZERA Wellington 103 $500 Breach by employer – non-payment of settlement sum. 20 May 2016 Lav...

7. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...lawyer in practice on his or her own account must ensure that the conduct of the practice … and the conduct of the employees is at all times competently supervised and managed by a lawyer who is qualified to practice on his or her own account. [101] Registered legal executives have become indispensible employees in many law firms. Becoming a registered legal executive involves undertaking a course of study approved by the Council of Legal Education, and includes passing examinations...

8. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...[100] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed. The practitioner is found to be guilty of unsatisfactory conduct pursuant to s 12(c) of the Act. 19 Orders [101] The practitioner is ordered to pay $1,200 costs, this sum is to be paid to the New Zealand Law Society within 30 days of the date of this decision. DATED this 14th day of October 2016 _____________________ R Maidment Legal Co...

9. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...[100] A lawyer must consider the possible implications of Rule 5.11, the moment they are alerted to the possibility of a claim. When the lawyer becomes aware that a client may (emphasis added) have a claim, Rule 5.11 comes immediately into play. [101] A practitioner’s conviction (as was the case here) that the clients’ complaint lacked merit, does not absolve the practitioner of the responsibility to consider whether Rule 5.11 applies. In circumstances where the complaint raised is...

10. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

    ...discourteous, and unprofessional.28 (b) Discussion [100] Ms TC claims that Mr GB spoke to her and Mr CS during the meeting on 23 March 2017 in “a very abrupt, heated way”. She says Mr GB did not treat Mr CS “fairly or respectfully”. [101] For his part, Mr GB says he was “angered” by Ms TC’s “accusation that [he] was colluding with Ms PH” which he regarded as “impugn[ing] his integrity”. He says he then “terminated the meeting” and “could no longer...